RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03026

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was restored 9.5 days of lost leave.

APPLICANT CONTENDS THAT:

He lost 9.5 days of leave due to a 365 deployment and multiple relocations and high-level duties as a Command Chief.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Chief Master Sergeant (CMSgt, E-9).

According to the LES covering the period of 1 Mar 15 through 31 Mar 15 provided by the applicant, he lost 9.5 days of leave.

According to a letter provided by the applicant, on 26 Mar 15, the Director of Staff at the United States Air Force Academy (USAFA) recommended to the USAFA/A1 that the applicant’s Special Leave Accrual (SLA) be approved.

Based on Special Order No. AC-012461, the applicant has a projected retirement effective 1 Jan 17.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPSIM recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.  The applicant deployed in May 2010 on a 365 day deployment.  He has also fulfilled the duties as a Command Chief at multiple locations and his leadership positions have prevented him from being able to use more leave days prior to the new fiscal year.  Additionally, the applicant was not eligible to apply for SLA since his deployment was in 2010 and he has provided justification and evidence to justify restoring the requested leave amount.

A complete copy of the AFPC/DPSIM evaluation, with attachment, is at Exhibit C.

AFPC/JA recommends denial indicating there is no evidence of an error or an injustice.  AFI 36-3003, Military Leave Program, paragraphs 9 and 10.1. state the SLA provisions allow members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until 30 Sep 15).  The situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security.  Furthermore, it should be a result of the members’ inability to take leave or to reduce their leave balance to 60 days (75 days from 1 Oct 08 through 30 Sep 15) before the end of the fiscal year while being assigned to said activities.  SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 Oct 08 through 30 Sep 15) that is a result of members’ failure to properly manage their leave balance.  

Paragraph 10.2 states, “Airmen are eligible for SLA if they served on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days are authorized to retain such leave (not to exceed 120 days) until the end of the fourth fiscal year following the fiscal year in which the duty assignment in terminated.  (After September 30, 2015, members may only retain leave until the third fiscal year following, unless Congress further extends this provision.)  Additionally members not assigned to a HFP/IDP area for a continuous period of at least 120 days are authorized to retain such leave up to 120 days but not to exceed the total number of continuous days assigned to the unit or qualifying duty until the end of the second fiscal year in which the duty assignment is terminated.”

Paragraph 10.8 states, “Members are ineligible for SLA when the following precludes using leave:  normal PCS moves and TDYs; base closures; hospitalizations, aeromedical evacuations, quarters, and convalescent leaves; details and special working groups; training exercises, attending schools or courses, and research requirements; pending separations and retirements; workload after return from deployment and members did not take leave before 1 Oct; Post-Deployment Recovery Time; and post deployment/mobilization respite absence (PDMRA).”

The applicant was deployed on a 365-day TDY in May 2010.  After his return, he was assigned to Hill AFB, UT as the Command Chief.  A year later, he moved to Wright Patterson AFB, OH.  In June 2014, he moved to the USAFA to serve as the Command Chief.  At each of his organizations, he has served in senior leadership roles.  According to the applicant, he was only able to take 21 days of leave prior to the end of FY 2014.  

The applicant applied for SLA to the Director of Staff and the Director of Staff, recommended approval to USAFA/A1, indicating that “events beyond [the applicant’s] control/significant mission requirements prevented him from using the leave.”  Various personnel within AFPC indicated that although the applicant is not eligible for SLA, they would support a request to the BCMR for a restoration of the lost leave.

The applicant is not eligible for SLA under the provisions in AFI 36-3003.  Therefore, his only remedy to restore the lost leave is with the Board.  He must clearly establish that an error or injustice by the Air Force caused him to lose leave.  However, he has shown no error with regard to his lost leave; he simply believes he was unable to take the 9.5 days of leave due to his assignments and duties.  Whether the circumstances of this case constitute an “injustice,” versus an unfortunate result of his high-level assignments is for the Board to determine.

Lastly, the applicant has not presented any evidence that he was prohibited from taking leave, nor has he presented evidence that he was denied leave requested or that his own leadership exerted any wrongful influence over him that would have effectively coerced him into refraining from asking for leave.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12 Jan 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/JA and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note that AFPC/DPSIM recommends approval indicating the applicant’s leadership positions prevented him from using his leave days prior to the new fiscal year and he was ineligible to apply for SLA.  However, the applicant has provided no evidence that shows he requested leave and was disapproved as a result of his leadership positions.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-03026 in Executive Session on 20 Sep 16 under the provisions of AFI 36-2603:

					 , Panel Chair
				  , Member
					   , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Jul 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 29 Dec 15, w/atch.
	Exhibit D.  Memorandum, AFPC/JA, dated 8 Jan 16.
	Exhibit E.  Letter, AFBCMR, dated 12 Jan 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.