RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-04969	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The 16 days of leave he lost because of his deployment be restored.

APPLICANT CONTENDS THAT:
He received a no-notice tasking for deployment to Kuwait on 26 May
15. He had planned extensive leave in Jul and Aug 15 after completing the academic year. This deployment was not anticipated and not typical for a Program Director of a large Graduate Medical Education residency program; however, the individual originally tasked was found medically disqualified. As a result, he lost 16 days of leave.
The 9 Jun 15 orders to Kuwait verify his deployment. He received a Letter of Evaluation for the period from 16 Jun 15 to 15 Sep 15 while assigned in Kuwait and his Leave and Earnings Statement (LES) shows 16 days of lost leave.

After his return from Kuwait in mid-September it was not possible to take leave before the end of the Fiscal Year.

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

STATEMENT OF FACTS:
The applicant, a colonel, is currently serving on active duty with assignment at the 96th Test Wing (AFMC), Eglin AFB, Florida.

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 granting the applicant’s request, indicating there is evidence of an injustice. The applicant stated he lost 16 days of earned leave due to a short notice deployment from Jun 15 to Sep 15 for 171 days. He had leave scheduled for Jul 15 and Aug 15 prior to the deployment tasking. Upon returning home and taking one week for reconstitution, the applicant immediately went on a Permissive TDY for his duties. Therefore, upon returning home from his deployment the member was unable to use his leave prior to the end of the FY. As a result, he lost 16 days of accrued leave.
In the applicant’s case, he does not qualify for Special Leave Accrual (SLA) because he does not meet the minimum criteria; however, because the applicant was afforded insufficient time to take his leave on return from his deployment in September to the end of the Fiscal Year we recommend the Board restore his 16 days of lost leave.

Should the Board elect to grant the applicant’s request, his record should be corrected as follows: Correct member’s leave balance to reflect restoration of 16 days of lost leave.

A complete copy of the AFPC/DP2SSM Special Programs 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 2 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.	Sufficient 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 and 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 lost sixteen (16) days of leave because he was afforded insufficient time to use them before the end of the fiscal year. 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 on 2 October 2017 sixteen (16) days of leave were restored to his leave balance.

The following members of the Board considered AFBCMR Docket Number BC-2015-04969 in Executive Session on 16 February 2017 under the provisions of AFI 36-2603:

, Panel Chair             , Member
, Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04969 was considered:

Exhibit A.	DD Form 149, dated 17 Nov 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DP2SSM, 19 Apr 16.
Exhibit D.	Letter, SAF/MRBR, dated 2 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.

DN: c=US, o=U.S. Government, ou=DoD,