RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-05346 COUNSEL:
HEARING DESIRED: YES

APPLICANT REQUESTS THAT:
Nine	days	of	leave	that	she	lost	at	the	end	of	Fiscal	Year 2015 (FY15) be restored.

APPLICANT CONTENDS THAT:
On 13 Jul 15, she was notified of her selection to attend the Senior Noncommissioned Officer Academy (SNCOA) from 10 Aug 15 to
25	Sep 15. In addition, she was tasked to support an Operational Contract Support Joint (OCSJ) Exercise in San Antonio, Texas, from
26	– 31 Jul 15. She anticipated taking leave in August and September, and took as much leave as feasible once notified. However, due to other mission related tasks, she was unable to use her use or lose leave balance before the end of FY15.

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

STATEMENT OF FACTS:
The applicant’s military personnel records reflect that she is currently serving on active duty in the grade of master sergeant (MSgt).

According to the applicant’s LeaveWeb Record, dated 23 Oct 15, provided by the applicant, she took leave during the following periods in FY15:

Dates	Number of Days	
29 Oct 14 thru 2 Nov 14	5	
22 Nov 14 thru 1 Dec 14	10	
27 Feb 15 thru 27 Feb 15	1	
6 Apr 15 thru 10 Apr 15	5	
25 Jun 15 thru 27 Jun 15	3	
20 Jul 15 thru 24 Jul 15	5	
5 Aug 15 thru 7 Aug 15	3	
28 Sep thru 30 Sep 15	3	

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AIR FORCE EVALUATION:
AFPC/DP2SSM recommends denial indicating the applicant did not meet the eligibility requirements by deploying for more than
120 days. In addition, she failed to provide what mission related tasks prevented her from taking leave before and/or after her 26 –
31 Jul 15 TDY.
IAW AFI 36-3003, paragraph 10.2.2, “members not assigned to a Hostile Fire Pay/Imminent Danger Pay (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 FY in which the duty assignment is terminated.”

IAW AFI 36-3003, paragraph 10.9, “members application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.”

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she received less than 30 days’ notice to attend the SNCOA and took as much leave as possible; however, she could not fully exhaust her leave balance before the end of the FY.

In April 2015, she was tasked by the 6F0 (Financial Management) Career Field Manager to support an OCSJ Exercise, as the sole Air Force representative for Air Force Financial Management, her presence was required at all planning events. Due to her being in a one-deep position, it was not feasible to find a replacement with the knowledge, skill set, and continuity required to execute the SAF/FM leadership vision.

During FY15, she was permitted to carryover more than 60 days of leave; however, her leave balance dropped below 60 days, no longer qualifying her for carryover under SLA rules.

Her leave record reflects that she took leave every month with the exception of March and April (extended TDY) and took due diligence to ensure she would not lose her leave at the end of the FY. Based on the decisions made prior to her selection to attend the SNCOA, she took every precaution to ensure all use or lose leave was taken prior to 1 Oct 15.

Due to her short-notice selection to attend the SNCOA, she believes a clear injustice has been made on her behalf.

The applicant’s complete submission 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, including her review of the AFPC/DP2SSM advisory, 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 that the applicant has not been the victim of an error of injustice.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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-2015-05346 in Executive Session on 13 Jun 17, under the provisions of AFI 36-2603:

Panel Chair Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 18 Dec 15, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DP2SSM, dated 14 Jul 16. Exhibit D.	Letter, AFBCMR, dated 6 Sep 16.
Exhibit E.	Rebuttal, Applicant, dated 5 Oct 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 of AFBCMR Docket Number BC-2015-05346, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.