RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01624

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Seven and one half days (7.5) of lost leave be restored.  

APPLICANT CONTENDS THAT:

He requests restoration of 7.5 days of annual leave he lost on 1 October 2015.  He was deployed from 21 July to 30 October 2015 and was unable to take leave prior to his deployment.    

In an effort to preserve his leave, he contacted his finance office prior to his deployment.  His finance office advised him that the leave would have to first be lost before he could request restoration of lost leave.  Upon his return from deployment, his Military Personnel Flight (MPF) informed him this was incorrect.  His MPF stated that he had to have filled out a form prior to his deployment and that he would not have lost the leave had he completed the form.  He was further advised he did not qualify for Special Leave Accrual (SLA) since he was gone for 100 days instead of 120 days.  The MPF recommended he apply to the AFBCMR for a correction of his record.  

He lost leave due to the inaccurate information provided to him by his finance office and his heavy RAVEN mission tempo which required him to be on Temporary Duty (TDY) for weeks at a time a time prior to his deployment.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of Technical Sergeant (TSgt, E-6).  

The applicant provides a copy of his deployment order, Special Order TE-5237 dated 26 June 2015, and paid travel voucher which shows he was deployed from 21 July 2015 to 30 October 2015 to Al Udeid AB, Qatar.   

On 3 November 2015, the applicant’s unit commander approved his request for SLA for 7.5 days of lost leave based on his deployment from 21 July 2015 to 30 October 2015.  On 8 December 2015, his finance office confirmed he lost 7.5 days of leave.  

The applicant provides a letter from his finance office dated 11 April 2016, which states the applicant followed the instructions given to him by their office and completed his SLA paperwork upon return from deployment but was denied SLA because his TDY was less than 120 days.  The letter further states the applicant should not have to suffer because they made a mistake in not checking to see if his TDY was going to be over 120 days.

AFI 36-3003, Military Leave Program, paragraph 6.1.9, states Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records, under the provisions of Title 10, U.S. Code Section 1552.  Member’s applications should clearly establish an error or injustice by the Air Force caused the member’s lost leave.  If the Board restores leave to current leave account, members use must these days before the end of the current fiscal year.  

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.  The applicant is not eligible for SLA in accordance with AFI 36-3003 as he was not deployed for 120 or more consecutive days.  Additionally, the SLA memorandum provided was not approved by the appropriate approval authority.  

In accordance with AFI 36-3003 (Air Force Guidance Memorandum 9), paragraph 10.2.1, “Until 30 September 2015, a member who serves on active duty while entitled to hostile fire/imminent danger paper (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 terminated.  After 30 September 2015, members may only retain leave until the third fiscal year, unless Congress further extends the provision.”  

Additionally, AFI 36-3002, paragraph 10.6 states, “SLA approval authority.  The wing or vice commander has final approval authority.  Wing/CC or CV will recommend approval for SLA packages requiring AFBCMR approval.”  

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 22 February 2017 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.  While we note the Air Force office of primary responsibility (OPR) recommends denial indicating the applicant is not eligible for SLA since his deployment was for 100 days instead of 120 days as required, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided a letter from his finance office dated 11 April 2016 substantiating he was miscounseled regarding SLA.  We are persuaded the miscounseling resulted in the applicant to lose his accrued leave which was an injustice.  Therefore, in the interest of justice, 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 seven and one half (7.5) days of leave was restored to his leave account commencing 2 October 2017.  

All members voted to correct the records as recommended.  The following members of the Board considered AFBCMR Docket Number BC-2016-01624 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
      , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01624 was considered:

	Exhibit A.  DD Form 149, dated 22 January 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 19 July 2016.
	Exhibit D.  Letter, AFBCMR, dated 22 February 2017.  

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.