RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00969 

  						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Twenty days of leave he lost due to mission requirements be restored.  

APPLICANT CONTENDS THAT:

He was on an intensive Temporary Duty (TDY) schedule during the period 2 Mar 15 through 23 Oct 15.  The TDY schedule was for Nuclear Commander, Control, and Communication Sustainment Assessment during the period 02 Mar 15 through 23 Oct 15.  The assessment was a Department of Defense (DoD) Chief Information Office (CIO) mandate to complete data gathering by Oct 15.  He requested a total of 31 days of leave, but his request was denied by his supervisor.  The denied leave was for the periods 4 May 15 through 18 May 15 and 24 Jul 15 through 8 Aug 15.  However, his supervisor who denied him leave due to mission requirements, requested, before the applicant retired, that the applicant’s 20 days of unused leave be transferred from fiscal year 2015 (FY15) to FY16. 

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

STATEMENT OF FACTS:

The applicant was commissioned into the Regular Air Force on 2 Jun 99, subsequent to serving as an enlisted member on active duty for over two years and completing 18 months in cadet status at the USAF Academy.

On 1 Dec 16, the applicant retired after serving 20 years and 26 days of total active service.   

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and F.    

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, (AFGM 8) paragraph 10.1., “Leave in Excess of 60 Days at the End of the Fiscal Year.  SLA allows members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until September 30, 2015).  The situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security.  Furthermore, it should be a result of the members’ inability to take leave or to reduce their leave balance to 60 days (75 days from October 1, 2008 through September 30, 2015) before the end of the fiscal year while being assigned to said activities.  SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days (75 days from October 1, 2008 through September 30, 2015) that is a result of members’ failure to properly manage their leave balance.”  In addition, IAW AFI 36-3003 (AFGM 8) paragraph 10.8. “SLA Not Authorized.  Members are ineligible for SLA when the following precludes using leave: 10.8.4. Details and special working groups” and paragraph 10.8.5. “Training exercises, attending schools or courses, and research requirements.”

Recommend denial of the applicant’s request.  He failed to provide documentation from his LeaveWeb history to show he was disapproved for leave.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his original request, the applicant submitted a rebuttal response to the AFPC/DP2SSM advisory.  The rebuttal response includes a personal statement in which he notifies the Board he is now retired, and therefore, does not have access to LeaveWeb to generate the information DP2SSM says he needs to provide.  He also submitted two notifications he received from LeaveWeb while he was on active duty denying his requests for leave during the periods 4 May 15 through 18 May 15 and 24 Jul 15 through 8 Aug 15 due to “NC3 Assessment’s tight schedule,” and a memorandum from his supervisor at the time, the GS-15 Director, Nuclear Command, Control, and Communications, requesting 20 days of the applicant’s unused leave be transferred from FY15 to FY16 which the applicant was not afforded the opportunity to take due to mission requirements.  (Exhibit E) 

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request indicating there is evidence of an error or an injustice based upon the documentation submitted by the applicant with his rebuttal.  The applicant provided notification emails from LeaveWeb verifying his approving official had denied his request for leave during the periods 4 May 15 through 18 May 15 and 24 Jul 15 through 8 Aug 15.  The leave requests were denied due to the NC3 Assessment.  The assessment was a DoD CIO mandate to complete data gathering by Oct 15.  The applicant planned leave during this period, requested a total of 31 days of leave, which was denied by his supervisor, and lost 20 days of leave at the end of FY15 due to mission requirements.

They recommend granting restoration of 20 days of leave lost.  

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 25 Nov 16 for review and comment within 30 days (Exhibit G).  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, to include his rebuttal in judging the merits of the case and agree with the opinion and recommendation of AFPC/DP2SSM, and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  In this respect, we note that due to mission requirements the applicant was precluded from taking 31 days of leave and lost 20 days of leave at the end of FY15.  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 twenty (20) days of leave were restored to his leave account.

The following members of the Board considered AFBCMR Docket Number BC-2016-00969 in Executive Session on 20 Apr 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 29 Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 17.
	Exhibit E.  E-mail, Applicant, dated 6 Feb 17.
	Exhibit F.  Memorandum, AFPC/DP2SSM, dated 28 Mar 17.
	Exhibit G.  Letter, AFBCMR, dated 25 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.