RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00041

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Seventeen and half (17.5) days of lost leave be restored to his leave balance.

APPLICANT CONTENDS THAT:

In January 2015, he spent 23 days on temporary duty (TDY) and was assigned to work an additional duty for 30 days.  He was scheduled to take leave during July-August 2015 but was notified in June 2015 that he had been selected to go on a short notice deployment from July to October 2015.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the rank of staff sergeant (SSgt).

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 indicating there is no evidence of an error or an injustice.

In accordance with AFI 36-3003, Military Leave Program, for Airmen to qualify for special leave accrual (SLA) they must fall under one of two categories, until 30 September 2015, a member who serves 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.) or para 10.2.2, 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.

Without supporting documentation such as orders and a paid travel voucher, the applicant’s eligibility for SLA cannot be verified.

DP2SSM recommends denial noting there was no supporting documentation provided to substantiate the applicant’s request.

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 11 May 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-2016-00041 in Executive Session on 23 March 2017, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Dec 15.
	Exhibit B.  Memorandum, AFPC/DP2SSM, dated 14 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 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.