RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02346 COUNSEL:
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
Sixteen (16) days of leave he lost at the end of Fiscal Year  2015 (FY15) be restored under the provisions of AFI 36-3006 [sic], and the Personnel Services Delivery Guide (PSDG).
In the alternative, he be paid for 16 days of accrued leave.

APPLICANT CONTENDS THAT:
In Oct 13, he deployed to Afghanistan in support of Operation ENDURING FREEDOM and redeployed to his home station in Apr 14. Upon arriving, he completed his travel voucher and prepared for a Permanent Change of Station (PCS) move. In Jun 14, he PCS’d to California (CA) under the enlisted-to-Air Force Institute of Technology (AFIT) program.

In an attempt to prevent a use/lose situation, he took 21 days of leave prior to his deployment and another 22 days of leave upon his return. He did not take the 14 days of post deployment recovery time. However, he took an additional 11 days of leave in conjunction with his PCS to CA. Unfortunately, he still ended up with a use/lose balance.

He was a full-time graduate student and was unable to use leave due to the academic schedule and stringent requirements of the program. Additionally, the academic calendar was designed on a quarterly schedule that inhibited his ability to take leave. Furthermore, according to the student handbook leave was only authorized “during designated vacation periods (Christmas and summer break).” Regular leave was only approved for significant events on a case-by-case basis and only if it did not interfere with assigned studies. He did use leave during Christmas and summer breaks; however, those times were also necessary to work on academic requirements.

Despite taking leave during the “authorized periods,” as a result of his deployment, the leave policy, the academic program requirements, and the reduction in the amount of leave allowed to be carried over (from 75 to 60 days), he was unable to use all of

his use/lose leave; and therefore, crossed over to FY16 with a use/lose balance of 16 days, which he lost on 1 Oct 15.

In Jun 15, he contacted the Military Personnel Office to inquire about Special Leave Accrual (SLA). He wanted to ensure he was eligible for SLA prior to submitting his request because he was also reenlisting to obtain retainability for an upcoming PCS assignment in Dec 15. He was informed he was eligible and would be approved for SLA, so he submitted his request.

In Aug 15, he was informed that his SLA request was denied by AFPC. The specific reason for the denial stated that “because at the time of his submission, he had 16 days use/lose but that he had not yet actually lost leave.” No other reason or explanation was provided. He was informed that he met the criteria for the SLA program and if he resubmitted his request once the leave was “lost” (1 Oct 15), it would be approved.

On 29 Sep 15, he contacted the military personnel office to initiate his reenlistment and inquired about his SLA request. Again, he was assured that it would be approved. On 30 Sep 15, he reenlisted and on 1 Oct 15, the 16 days of use/lose leave was “lost.”

On 2 Oct 15, he resubmitted the SLA request. On 4 Mar 16, he received an email notifying him that his SLA request was again denied and that he was actually not eligible for SLA. The specific reason for the denial was “Member returned from his deployment in Apr 14 and ended FY14 with 59 days. SLA is authorized for members who were deployed for 120 days or more. Member did not lose leave in FY14, and did not deploy in FY15 when leave was lost. Please reference AFI 36-3003, Military Leave Program, paragraph 10.2 thru
10.2.2. Members who do not meet the SLA criteria can apply for leave restoration via an AFBCMR application as noted in AFI 36- 3003, paragraph 10.9.”

Prior to submitting his SLA request, he did everything possible to ensure he met the criteria of the program and would be approved. He	would	have	requested	payment	for	his	accrued	leave	in conjunction with his reenlistment, had he been informed he was not eligible for SLA.

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

STATEMENT OF FACTS:
The applicant’s personnel records reflect he is currently serving on active duty in the grade of master sergeant (MSgt).

According to DD Form 1351-2, Travel Voucher or Subvoucher, provided by the applicant, he was deployed to Afghanistan from 9 Oct 13 to 9 Apr 14.

According to the applicant’s LeaveWeb Record, dated 21 Apr 16, provided by the applicant, he took leave during the following periods in FY13/14:

17 Sep	13 thru 7 Oct 13	21	
13 Apr	14 thru 4 May 14	22	
29 Dec	14 thru 31 Dec 14	3	
15 Jun	15 thru 24 Jun 15	10	

Dates	Number of Days

IAW AFI 36-3003, paragraph 10.8, members are ineligible for SLA when the following precludes using leave:

. Normal Permanent Change of Station (PCS) moves and temporary Duty (TDY) assignments;
. Base Closures;
. Hospitalizations, aeromedical evacuations, quarters, and Convalescent leaves;
. Details and special working groups;
. Training exercises, attending schools or courses, and Research requirements;
. Pending separations and retirements;
. Workload after return from deployment and members did Not take leave before 1 Oct;
. Post-Deployment Recovery Time; and
. Post Deployment Mobilization Respite Absence (PDMRA).

AIR FORCE EVALUATION:
AFPC/DP2SSM recommends approval of the applicant’s request to restore 16 days of leave lost at the end of FY15 indicating he was miscounseled by the Military Personnel Section and was not eligible for SLA, but was eligible to sell the 16 days of leave with his reenlistment.

IAW AFI 36-3003, paragraph 10.2.1, “until 30 Sep 15, a member who serves on active duty while entitled to Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) for a continuous period of at least 120 days) are authorized to retain such leave (not to exceed 120 days but until the end of the fourth FY in which the duty assignment is terminated. (After 30 Sep 15, members may only retain leave until

the third FY following unless Congress further extends this provision.)”

IAW AFI 36-3003, paragraph 4.6, Payment for Accrued Leave, “is the authority for payment for accrued leave upon reenlistment, retirement, separation under honorable conditions, or death. It limits payment of accrued leave to 60 days in a military career effective 10 Feb 76. A military career includes former service in enlisted or officer status. Cumulative payment for accrued leave as an enlisted member, officer, or both cannot exceed 60 days.
DoD 7000.14-R, volume 7A, DoD Financial Management Regulation (Military Pay Policy and Procedures Active Duty and Reserve Pays), states “when members carry leave forward or receive payment for accrued leave when separating with or without immediate reentry on active duty. See your financial service officer for detailed information on payment of accrued leave.”
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 1 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.	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 sixteen (16) days of lost leave be restored to his current leave account, commencing 1 October 2017.

The following members of the Board considered AFBCMR Docket Number BC-2015-02346 in Executive Session on 10 Aug 17, under the provisions of AFI 36-2603:

Panel Chair Member
Member
All members voted to correct the record, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 7 Apr 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records.
Exhibit C.	Memorandum, AFPC/DP2STM, dated 1 Aug 16, w/atch Exhibit D.	Letter, AFBCMR, dated 26 Jan 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.