RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02539

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His ending leave balance at the end of Fiscal Year 2015 (FY15) be restored to 120 days, authorizing a maximum of 8 days Special Leave Accrual (SLA).

APPLICANT CONTENDS THAT:

His lowest leave balance during FY15 was 112 days, however, he lost a total of 15 days due to ongoing mission operations as the Director of Operations that precluded him from taking his earned leave.  He was executing a 24/7 battle rhythm to support Operations in Iraq, Syria, Afghanistan, Yemen, Egypt, and the Arabian Gulf.  He attempted to take leave on multiple occasions, but he was forced to cancel his leave due to operational requirements.  Approving 8 days of SLA will bring him to the maximum allowable leave balance of 120 days, although he will still end up losing seven of the 15 days of his earned leave.

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 Lieutenant General, O-9.

According to the documentation provided by the applicant:

	1.  Between 12 Nov 14 and 26 Sep 15, he took 15 days of leave and cancelled 4 days of leave, as evidenced by LeaveWeb printout.

2.  On 12 Nov 15, a case was opened in the Case Management System (CMS) to restore 7.5 days of SLA that was lost between the end of FY14 and the beginning of FY15 and restore SLA cap from 104.5 days to 112 days, as evidenced by Case Management System printout.

3.  On 3 Feb 16, AFPC/DP2SSM directed 7.5 days of SLA be restored to the applicant stating, “It appears member was authorized 112 days of carryover for FY14, but that carryover did not continue into FY15 and member’s balance was reduced to 104.5 days.  Please restore 7.5 lost days and ensure member’s record reflects SLA”, as evidenced by Case Management System printout, page 5.

4.  On 11 Feb 16, DFAS Indiana restored 7.5 days of SLA to the applicant reflecting he carried over 112 days of leave and not 104.5 days from FY14 to FY15, as evidenced by Case Management System printout, page 6.

In accordance with AFI 36-3003, Military Leave Program; dated 11 May 2016, paragraph 6.1.2. SLA Eligibility, A member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to SLA, as outlined below:

	6.1.2.1. Members who serve on active duty while entitled to hostile fire/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) until the end of the third fiscal year following the fiscal year in which SLA was lost.

	6.1.2.1.1. 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.

	6.1.2.2. Members assigned to a non-HFP and/or non-IDP area in support of a contingency operation who are on CED orders (and in rare cases, 1610 orders) are authorized to retain such leave up to 120 days until the end of the second fiscal year following the fiscal year in which SLA was lost.

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 indicating there is no evidence of an error or an injustice.  

In accordance with AFI 36-3003, Military Leave Program, 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 of operations in defense of national security [sic].  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.”

The applicant failed to establish that a catastrophe, national emergency and/or crisis or operation in defense of national security prevented him from using leave [sic].  Executing a 24/7 battle rhythm to support Operations in Iraq, Syria, Afghanistan, Yemen, Egypt, and the Arabian Gulf does not justify restoration of 8 days of 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 31 Jan 17 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 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-2016-02539 in Executive Session on 14 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 1 Nov 16.
	Exhibit D.  Letter, AFBCMR, dated 31 Jan 17, w/atch.

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.