RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03485
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Thirty-two days of leave deducted from her leave accrual account, effective Oct 15, be returned. 

APPLICANT CONTENDS THAT:

Her leave record is incorrect because 32 days of leave were unfairly subtracted from her leave account in 2015.  She properly signed up and was approved for the leave, took the leave, and recorded her leave upon return; however, due to a system error beyond her control, the leave was never recorded in the system.  For two years following the error, the required monthly audits were not conducted, which would have highlighted to her that her leave balance was wrong.  Prior to her deployment, she was notified through e-mail that she would accumulate use-or-lose leave during her deployment.  Then, in 2015 when a leave audit was conducted, the 32 days of leave was deducted from her leave account putting her 17 days in the hole. 

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

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force in the grade of Senior Airman (E-4) during the time of the matter under review.  

According to the documentation submitted by the applicant, she took 32 days of leave during the period 19 Aug 13 through 19 Sep 13, which was not deducted from her leave balance in 2013.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.              AFI 36-3003, Military Leave Program, AF Guidance Memo 8, dated 03 Mar 15, paragraph 4.1.2., states “Both management and members share responsibility in managing leave balances throughout the FY,” and “The Military Personnel Section (MPS) must keep prompt and accurate records of leave.  The Finance Support Office (FSO) computes leave for authorized absences in excess of allowed travel time, PTDY, and proceed time, if applicable.  Members can ask the FSO to verify regular and SLA leave balances to determine “use or lose” leave status.  “Use or lose” leave means leave days members lose if not used before 1 Oct.”  The applicant states the record is unjust because the 32 days of leave subtracted from her leave account in 2015 were used in 2013 and the mistake was due to a system error outside of her control.  

For the subsequent two years after the leave was taken, individuals with LeaveWeb access failed to conduct required monthly audits, which would catch system errors.  The applicant’s LES and LeaveWeb accrual never updated and showed the same amount of current leave.  In 2015, the applicant received emails stating she would accrue use or lose leave during her upcoming deployment. When an audit was finally conducted in 2015, 32 days of leave were subtracted from the applicant’s current leave balance and left her with a negative balance of 17 days.  The applicant has attempted with the FSO to reconcile her leave balance and they directed her to the MPS for further guidance, regarding special leave accrual (SLA).

Due to no fault of the applicant, the comptroller squadron did not conduct an audit of the monthly leave in 2013, resulting in her unjust loss of 32 days.  If the leave records were being monitored, the correct leave would have been charged during 2013, which would have prevented the applicant from losing leave in 2015.  The applicant provided supporting documents indicating she tried to resolve the leave restoration at the lowest level possible.  Recommend granting the applicant’s request to restore 32 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 12 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.  After a thorough review of the evidence of record and the applicant’s complete submission, the Board majority is not convinced the applicant is the victim of an injustice.  The Board majority notes that AFPC/DP2SSM recommends approval because leave audits were not accomplished in accordance with (IAW) with AFI 36-3003, Military Leave Program.  However, as pointed out by AFPC/DP2SSM, AFI 36-3003 states “Both management and members share responsibility in managing leave balances and the applicant has not provide sufficient evidence which would show that she exercised reasonable diligence in ensuring her 2013 leave record was correct until the 32 days of leave were subtracted from her leave account in 2015.  Therefore, the Board majority concludes the applicant has failed to sustain her burden of proof of the existence of a clear error or injustice.  In the absence of evidence she was denied rights to which entitled, the Board majority finds 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-2016-03485 in Executive Session on 25 May 17 under the provisions of AFI 36-2603:

Panel Chair
	Member
	Member

By majority vote, the Board members voted to deny the applicant’s request.  Mr. Kearney voted to grant the applicant’s request but does not desire to submit a minority report.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03485 was considered:

	Exhibit A.  DD Form 149, dated 15 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 29 Nov 16.
	Exhibit D.  Letter, SAF/MRBR, dated 12 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.