RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01980 

						COUNSEL:  
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His 8 days of leave, lost in fiscal year 2015 (FY15) while he was deployed, be restored.

APPLICANT CONTENDS THAT:

On 17 Jun 15, he was notified that he would deploy to Kuwait on  26 Jun 15.  He was unable to take leave prior to his deployment.  He returned from Kuwait on 15 Oct 15.  Because he was not deployed for 120 days he was ineligible for Special Leave Accrual (SLA).

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Sep 01.

The applicant is currently serving as a Technical Sergeant in the Regular Air Force, with an Expiration of Term of Service (ETS) of 27 Jun 18.

A review of military records confirm the applicant’s deployment from 27 Jun 15 to 15 Oct 15, for 111 days.

Leave records confirm the applicant used 49 days of leave in FY15 as follows: 11-22 May 15, 12 days; 6-10 Apr 15, 5 days; 15-16 Jan 15, 2 days; and 6 Nov-5 Dec 15, 30 days.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

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, the applicant is not eligible for Special Leave Accrual (SLA) consideration, since he was not deployed for a continuous period of at least 120 days.

The applicant failed to provide documentation from the readiness section that states when member was notified of deployment. 

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 19 Dec 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 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 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-2016-01980 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01980 was considered:

	Exhibit A.  DD Form 149, dated 26 Apr 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 29 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 19 Dec 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.