RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00830

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His lost leave of 28 days be restored to his current leave balance.

APPLICANT CONTENDS THAT:

He lost 28 days of accrued leave due to mission requirements.  He was scheduled to take leave from 29 Aug 15 through 18 Sep 15, but his requested leave was denied to support mission requirements in late Aug 15.  Additionally, at his previous assignment he was assigned to a special mission unit where supporting multiple missions made it difficult to reduce his leave balance to 60 days.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Master Sergeant, E-7.

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 denial due to insufficient evidence.  In accordance with (IAW) AFI 36-3003, paragraph 6.1.6. SLA Approval Authority, the wing or vice commander has the final approval authority and may be delegated no lower than the first O-6 in the chain of command.  Additionally, the first O-6 in chain of command will recommend approval for SLA packages requiring AFBCMR approval.  At other organizations (i.e. Air Staff, MAJCOM, FOA, DRU) the senior officer representative (O-6 and above) or equivalent at the directorate level approves SLA for his/her organization. At joint organizations, the senior Air Force officer representative on staff approves SLA for members assigned to units, headquarters, and supporting staffs.”

Although the applicant submitted a SLA approval memorandum signed by an O-6, dated 5 Nov 15, it is dated prior to the effective date of the new AFI 36-3003 (11 May 16) where the change of approval authority was delegated to the first O-6 in the chain of command.  Furthermore, the applicant stated he was scheduled to take leave from 29 Aug 15 through 18 Sep 15, but his requested leave was denied due to support of mission requirements in late Aug 15; however, he did not provide justification of denial from his chain of command authority.  

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 3 Nov 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 failed to exhaust 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-2016-00830 in Executive Session on 23 Feb 17 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 16 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 3 Nov 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.