RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03863
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Nine (9) days of leave be restored to his leave account.

APPLICANT CONTENDS THAT:

He was unable to take leave due to administrative errors beyond his control.

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

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of captain.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the applicant’s request due to lack of supporting evidence.

The member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  If the Board restores leave to the current leave account, members must use these days before the end of the current FY.

A complete copy of the AFPC/DP2SSM evaluation, with attachments is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of his Master Military Pay Account (MMPA) which shows he was incorrectly charged nine days of leave and a letter from his Flight Chief, Financial Services Office indicating he was incorrectly charged leave.

The applicant’s complete submission is at Exhibit C.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends approval.  DP2SSM states the applicant provided additional documentation reflecting there is evidence of an error or injustice.  The applicable leave policy at the time from AFI 36-3003 stated “A member may not carry forward a leave balance of more than 60 days (75 days from October 1, 2008 through September 30, 2015) into a new fiscal year, except when entitled to Special Leave Accrual (SLA)…” However, based on the evidence provided, the member’s leave balance was corrected late in the fiscal year.  Therefore, the member was not provided a reasonable amount of time to use the extra days which constitutes an injustice.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 December 2016 for review and comment within 30 days (Exhibit F).  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.  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 the rebuttal documents provided by the applicant, in judging the merits of the case and agree with the revised opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as 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 nine (9) days of leave be restored to his current leave balance.

The following members of the Board considered AFBCMR Docket Number BC-2015-03863 in Executive Session on 26 January 2017 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03863 was considered:

	Exhibit A.  DD Form 149, dated 19 august 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP2SSM, dated 11 April 2016.
Exhibit C.  Letter, Applicant, dated 19 April 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 29 April 2016.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 20 December 2016.
	Exhibit F.  Letter, AFBCMR, dated 20 December 2016.

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.