RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04721

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to restore 6.5 days of leave.  

APPLICANT CONTENDS THAT:

He deployed from May to December 2014 and while deployed, lost 6.5 days of leave.  At the beginning of the fiscal year (FY), he had 75 days and would gain an additional 30 days during the FY; however, during the year, he reduced his balance to 60 days.  When his Special Leave Accrual (SLA) was restored, he was informed by his Military Personnel Section that he had three FYs to use the leave.  His leave loss conflicts with the guidance to get to 60 days of leave (on his Leave and Earnings Statement [LES]).  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Aug 10.

From 23 May to 5 Dec 14, the applicant deployed.  

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  IAW AFI 36-3003, Military Leave Program, paragraph 10.3.1. (see Exhibit B), “The maximum amount will be reduced to a new level whenever the leave balance drops below the previously set level.  If, at any time, the leave balance drops to or goes below 60 days (75 days during the period October 1, 2008 to September 30, 2015), then there is no longer any SLA protected leave.  Therefore, the actual maximum leave that can be carried forward into succeeding fiscal years is the lowest leave balance achieved following the completion of the SLA duty or the usual 60 days (75 days during the period October 1, 2008 to September 30, 2015), whichever is greater.”  The applicant had 6.5 days of leave restored, and his leave balance was under 75 days at the end of FY15.  When the applicant crossed over into FY16, the applicant’s leave balance was 63.5 causing him to lose 3.5 days of leave.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant notified the AFBCMR of his new address and reiterated his Leave and Earning Statement (LES) stated that if the service member had a leave balance above 60 days they would lose all leave above 60 days.  He complied with the LES statement in order to avoid losing leave and this information was unaddressed in the OPR’s rationale. 

A complete copy of the applicant’s rebuttal 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.  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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice and according to the governing instruction, he lost his special leave accrual protections once his leave dropped below 75 days.  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-2015-04721 in Executive Session on 28 Mar 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04721 was considered:

	Exhibit A.  DD Form 149, dated 3 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records and 
			  Miscellaneous Documents.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 2 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 11 Aug 16.
	Exhibit E.  Applicant’s Rebuttal, dated 12 Sep 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.