RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04792

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His four days of leave be restored and carried over into his Fiscal Year (FY) 16 leave balance.  

APPLICANT CONTENDS THAT:

He was unable to take his leave due to a mandatory attendance at a safety investigation board (14 Aug 15 to 18 Sep 15), the requirement to maintain F-16 instructor currency, and job duties.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 May 02.

According to the applicant’s AF Form 707, Officer Performance Report, closeout date 10 Oct 15, he was the F-16 safety investigation board pilot member and authored the final report.  

Special Leave Accrual (SLA):  Per AFI 36-3003, Military Leave Program, members are not authorized SLA when the following precludes 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.
-	Post deployment/mobilization respite absence (PDMRA).
Members not eligible for SLA, for the reasons listed above, can request recovery of days lost by submitting an application to the AFBCMR.  The application must clearly establish that an error or injustice by the Air Force causing the lost leave.  If the Board restores leave to current leave account, members must use these days before the end of the current FY (Wing/CC or Wing /CV will recommend approval for SLA packages requiring AFBCMR approval).  AFI 36-3003 and the Guidance Memorandum in affect at the time are at Exhibit B.

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.  The applicant, in accordance with AFI 36-3003, Military Leave Program (see Exhibit B), failed to provide a Special Leave Accrual (SLA) memorandum with approval authority signature requiring AFBCMR approval.  Additionally, he did not meet the SLA eligibility requirements of being assigned to a Hostile-Fire or Imminent-Danger Pay (HFP/IDP) area in accordance with the AFI. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Aug 16 for review and comment within 30 days (Exhibit D).  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 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.  However, should the applicant provide a Special Leave Accrual (SLA) memorandum with approval authority signature as required for AFBCMR approval, the Board would reconsider his request.  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-2015-04792 in Executive Session on 28 Mar 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

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