RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04806

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His loss of 13 days earned leave be reinstated.  

APPLICANT CONTENDS THAT:

He was originally scheduled to be deployed from July 2015 through January 2016, which would have entitled him to special leave accrual (SLA).  However, due to operational circumstances, his deployment was terminated in September 2015.  

He stood up and volunteered to fill a critical/hard to fill short notice special operations forces (SOF) position directed by the Air Force Special Operations Command’s Command Chief Master Sergeant (AFSOC/CCC).  

Prior to his deployment, he was managing his leave based on his earned leave and SLA status.  If he would have never been deployed, he would have used his earned, excess leave and ensured that it was not lost.  Therefore, it was through no mismanagement/oversight of his leave that 13 earned leave days were lost.  

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 (E-9).  

On 25 June 2015, the applicant was issued contingency, exercise, or deployment (CED) orders to proceed on or about 30 June 2015 from Hurlburt Field, Florida (FL) to Bagram, Afghanistan, for a period of 194 days.  

On 12 August 2015, according to documentation submitted by the applicant, his unit commander approved his request for 20 days fiscal year 2015 (FY15) SLA restoration.  
On 18 August 2015, the AFSOC Commanders Support Staff, requested FY15 SLA restoration on behalf of the applicant, which was approved by the Chief of Staff.  

According to a DD Form 1351-2, Travel Voucher or Subvoucher, submitted by the applicant, he departed from Hurlburt Field, FL traveling to Afghanistan on 30 June 2015, and returned to Hurlburt Field, FL on 8 September 2015.  

According to the applicant’s leave and earning statement (LES), during the period 1 through 31 October 2015, he lost 13.0 days leave.  

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 B.  

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  The applicant did not provide documentation in regards to his deployment or the short notice position filled, which was directed by the Air Force Special Operations Command (AFSOC) Command Chief.  

In accordance with Air Force Instruction (AFI) 36-3003, Military Leave Program, members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records.  For members who served in a duty assignment in support of a contingency operation, SLA restored on 1 October or the current fiscal year is lost unless used before 1 October of the third year after the fiscal year in which restored.  Although members have three fiscal years to use SLA, the Defense Finance and Accounting Service (DFAS) center accounts for the use of SLA by using the last leave earned is the first leave used.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 June 2016 for review and comment within 30 days (Exhibit C).  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 of injustice.  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-2015-04806 in Executive Session on 6 April 2017 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 October 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP2SSM, dated 14 March 2016.
	Exhibit C.  Letter, AFBCMR, dated 10 June 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.