RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00778 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His 9 days of leave lost over 2 fiscal-years be restored.

APPLICANT CONTENDS THAT:

He was notified early Jul 15 of a 193 day deployment requirement, with a 16 Jul 15 departure date.  Required training and appointments prohibited him from taking leave prior to departure.  He was released from the deployment early, after 105 days, due to a family member’s illness.  Because of this he does not meet the Special Leave Accrual (SLA) approval criteria of being deployed for at least 120 days.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Oct 92.

On 31 Mar 17, the applicant was furnished an honorable discharge, and was credited with 24 years, 5 months, and 18 days of active service.

Leave records reflect the applicant has not sold back any leave during his career. 

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 C.    

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

The applicant was tasked with a 2-week notice deployment to Qatar in Jul 15 with 9-days of Use or Lose leave.  

The applicant did not meet the eligibility requirement established by Air Force Instruction 36-3003, Military Leave Program, paragraph 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.”

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 13 Mar 17 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 that nine (9) days of leave was restored to his leave account commencing 2 October 2016.

The following members of the Board considered AFBCMR Docket Number BC-2016-00778 in Executive Session on 8 Aug 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00778 was considered:

	Exhibit A.  DD Form 149, dated 22 Feb 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 21 Jul 16.
	Exhibit E.  Letter, AFBCMR, dated 13 Mar 17.
	
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.