RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-03023

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Twelve (12) days of leave lost at the end of Fiscal Year 2014 (FY14) be restored to his leave account.

APPLICANT CONTENDS THAT:

He planned to take two weeks leave at the beginning of Jun 14, prior to deploying.  High work load and deployment spin up prevented him from taking leave earlier in the year.  His deployment was moved up and he was unable to take leave due to pre-deployment processing and training.  He was deployed for 101 days and did not return until FY15.

At that time, both the Military Personnel Flight, Cannon Air Force Base, and the applicant believed he would be able to retain his leave under the Special Leave Accrual (SLA) provisions.  Due to a delay in processing the SLA request by the 27th Special Operations Wing, Air Force Personnel Center did not receive the SLA request until FY16.  He was notified on 10 May 16 that his SLA request was denied.  Upon follow-up, it was determined interpretation of the guidance memo had changed from previous years.

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

STATEMENT OF FACTS:

On 19 Nov 99, the applicant was commissioned in the Regular Air Force.

On 1 Oct 14, the applicant lost 12 days of unused leave.

The applicant is currently serving on active duty in the Regular Air Force.

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of error or injustice.

In accordance with (IAW) Air Force Instruction 36-3003, Military Leave Program, paragraph 10.2.1., “Until September 30, 2015, a member who serves on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days is authorized to retain such leave (not to exceed 120 days) until the end of the fourth fiscal year (FY) following the fiscal year in which the duty assignment is terminated.  (After September 30, 2015, members may only retain leave until the third fiscal year following, unless Congress further extends this provision).”

Paragraph 10.2.2. states, “Members not assigned to a HFP/IDP area for a continuous period of at least 120 days are authorized to retain such leave up to 120 days but not to exceed the total number of continuous days assigned to the unit or qualifying duty until the end of the second fiscal year in which the duty assignment is terminated.”

Paragraph 10.3.2. further states, “If the SLA qualifying period crosses a fiscal year, then the entire leave balance (not to exceed 120 days) will be carried forward and the leave accrued from the beginning of the new fiscal year through the end of the SLA qualifying period will be added to establish the maximum.  Only that portion of a leave balance in excess of 60 days (75 days from October 1, 2008 through September 30, 2015) which could not have been taken before the end of the fiscal year because the member was assigned to SLA qualifying duty will be included in the carryover amount.”

Finally, IAW paragraph 10.6., “SLA Approval Authority. The wing or vice commander has final approval authority (Wing/CC or Wing /CV will recommend approval for SLA packages requiring AFBCMR approval).  At other organizations (i.e. Air Staff, MAJCOM, FOA, DRU), the senior officer representative (O-6 and above) or equivalent at the directorate level approves SLA for his/her organization.  At joint organizations, the senior Air Force officer representative on staff approves SLA for members assigned to units, headquarters, and supporting staffs.”

The applicant’s Master Military Pay Account (MMPA) reflects he carried 87 days of leave from FY14 into FY15 and lost 0 days of leave.  Applicant lost 12 days of leave the following fiscal year, at the end of FY15 per the MMPA.  He did not meet the eligibility requirements by deploying for 120 days or more during FY15 to qualify for SLA.  Additionally, no justification was provided by the applicant to determine what prevented him from taking leave from 01 Oct 14 to 30 Sep 15.  Finally, the applicant did not provide the SLA memorandum with correct approval authority signature.

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

AFPC/DP2SSM corrected evaluation recommends denial, indicating there is no evidence of error or injustice.

In accordance with AFI 36-3003, Military Leave Program, dated 15 Oct 13, paragraph 10.2.1. “Until September 30, 2015, a member who serves on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days is 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 in terminated. (After September 30, 2015, members may only retain leave until the third fiscal year following, unless Congress further extends this provision.)”

Per paragraph 10.2.2. “Members not assigned to a HFP/IDP area for a continuous period of at least 120 days are authorized to retain such leave up to 120 days but not to exceed the total number of continuous days assigned to the unit or qualifying duty until the end of the second fiscal year in which the duty assignment is terminated.”

Paragraph 10.6. “SLA Approval Authority. The wing or vice commander has final approval authority. (Wing/CC or Wing /CV will recommend approval for SLA packages requiring AFBCMR approval). At other organizations (i.e. Air Staff, MAJCOM, FOA, DRU) the senior officer representative (O-6 and above) or equivalent at the directorate level approves SLA for his/her organization. At joint organizations, the senior Air Force officer representative on staff approves SLA for members assigned to units, headquarters, and supporting staffs.”

Additionally, paragraph 10.3.2. states, “If the SLA qualifying period crosses a fiscal year, then the entire leave balance (not to exceed 120 days) will be carried forward and the leave accrued from the beginning of the new fiscal year through the end of the SLA qualifying period will be added to establish the maximum.  Only that portion of a leave balance in excess of 60 days (75 days from October 1, 2008 through September 30, 2015) which could not have been taken before the end of the fiscal year because the member was assigned to SLA qualifying duty will be included in the carryover amount.”

Finally, per paragraph 10.9. “Members not eligible for SLA, for the reasons listed in paragraph 10.8, can request recovery of days lost by submitting DD Form 149, Application for Correction of Military Records under the Provisions of Title 10, U.S. Code Section 1552. See AFI 36-2603. Member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  If the Board restores leave to current leave account, members must use these days before the end of the current FY.”

SLA eligibility requires deployment of 120 days or more.  The applicant deployed for 101 days.  Furthermore, the applicant did not provide additional justification to determine what prevented him from taking leave from 1 Oct 13 to 30 Sep 14 prior to his deployment start date of 23 Jun 14.  Finally, the applicant did not provide the SLA memorandum with correct approval authority signature.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Aug 17 for review and comment within 30 days (Exhibit D).  A corrected copy of the Air Force evaluation was forwarded to the applicant on 15 Nov 17 for review and comment within 30 days (Exhibit F).  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 (OPR), in its corrected evaluation, and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  However, should the applicant provide a memorandum from the approval authority, in accordance with AFI 36-3003, along with his justification on why he was unable to take leave prior to his deployment, the Board is willing to reconsider his request.  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-2016-03023 in Executive Session on 6 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03023 was considered:

	Exhibit A.  DD Form 149, dated 18 Jul 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 29 Sep 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 24 Aug 17, w/atch.
	Exhibit E.  Memorandum, AFPC/DP2SSM, dated 24 Oct 17, w/atch.
	Exhibit F.  Letter, AFBCMR, dated 15 Nov 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-03023, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.