RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04819
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her records be corrected to reflect that she was restored 11 days of lost leave.

APPLICANT CONTENDS THAT:

She tried to take leave before the end of the Fiscal Year 2015 (FY15) but was denied due to manning issues.  She was denied leave again even after inbound personnel arrived and was told it was due to an unresolved issue. The same issue is still unresolved and has caused her to lose her earned leave days. 

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve (USAFR) in the grade of senior airman (E-4).

AFI 36-3003, Military Leave Program, dated 26 Oct 09, paragraphs 9 and 10.1. state the SLA provisions allow members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until 30 Sep 15).  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 Oct 08 through 30 Sep 15) before the end of the fiscal year while being assigned to said activities.  Special Leave Accrual (SLA) shall not be used as a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 Oct 08 through 30 Sep 15) that is a result of members’ failure to properly manage their leave balance.  

Paragraph 10.2 states, “Airmen are eligible for SLA if they served 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 September 30, 2015, members may only retain leave until the third fiscal year following, unless Congress further extends this provision.)  Additionally 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.”

Paragraph 10.8 states, “Members are ineligible for SLA when the following precludes using 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; and post deployment/mobilization respite absence (PDMRA).”

According to the Defense Finance and Accounting Service Military Leave and Earnings Statement covering the period of 1 Oct 15 through 31 Oct 15 provided by the applicant, she lost 11 days of leave.

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 Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of an error or injustice.  The applicant stated that her leave was denied by supervision; however, she has not provided documentation showing her attempted leave requests being denied.  

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 10 May 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 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-2015-04819 in Executive Session on 9 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 5 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 14 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 10 May 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.