RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03093
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be paid for 16.5 days of lost leave.

APPLICANT CONTENDS THAT:

He was deployed for 6 months during Fiscal Year 2014 (FY14) and had 16.5 days of leave to use or lose.  He never had a chance to take the leave prior to returning from deployment and before he retired.  He did not notice this discrepancy until after he retired, but was told that he would not lose the days due to being deployed.

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 13 July 1993.  

As of 30 September 2014, the applicant had 91.5 days of annual leave.  On 1 October 2014, the applicant lost 16.5 days of annual leave.

On 31 January 2015, the applicant retired and was credited with 21 years, 6 months, and 18 days of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibits C.

AIR FORCE EVALUATION:

AFPC/DPSIM recommends approving the applicant’s request to be paid for 16.5 days of lost leave due to being deployed and then retired.  Since the applicant was deployed, he was authorized to carry over leave over the 75 day limit. 

By way of background, the governing instructions states, “Leave in Excess of 60 Days at the End of the Fiscal Year.  Special Leave Accrual (SLA) allows members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until 30 September 2015).  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 October 2008 through 30 September 2015) 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 October 2008 through 30 September 2015) that is a result of members’ failure to properly manage their leave balance.  A member may not carry forward a leave balance of more than 60 days (75 days from 1 October 2008 through 30 September 2015) into a new fiscal year, except when entitled to SLA, a member who serves 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 30 September 2015, members may only retain leave until the third fiscal year following, unless Congress further extends this provision.)   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.”
 
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He concurs with the OPR’s recommendation.

The applicant’s complete submission is at Exhibit E.

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission, to include his rebuttal, in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  In this regard, the governing instructions for SLA authorized the applicant to carry over the 75 day limit, but not to exceed 120 days prior to 30 September 2015 due to serving on active duty while entitled to HFP/IDP.  Additionally, we note the OPR recommends the applicant be paid for 16.5 days of annual leave; however, the appropriate correction is to extend his active duty service and separation date by placing him in a terminal leave status for a period of 17 days (rounding up from 16.5 days as recommended by OPR).  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not retired on 31 January 2015, but continued on active duty in a terminal leave status until 17 February 2015, on which date he was relieved from active duty and retired for length of service effective 18 February 2015.

The following members of the Board considered AFBCMR Docket Number BC-2015-03093 in Executive Session on 23 June 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03093 was considered:

	Exhibit A.  DD Form 149, dated 17 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 29 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 16.
	Exhibit E.  Letter, Applicant, dated 3 Mar 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 with regard to AFBCMR Docket Number BC-2015-03093.