RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03577

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

Seventeen (17) days of lost leave be restored.  

APPLICANT CONTENDS THAT:

He lost 17 days of leave at the end of FY15.  His Military Personnel Flight (MPF) was unable to resolve this issue.  

On 9 Aug 15, he deployed in support of Operation INHERENT RESOLVE (OIR).  He was given only 4 days of notice to prepare for the deployment.  He deployed for 75 days and because the deployment was less than 120 days, he is ineligible for Special Leave Accrual (SLA).  He planned to take his 17 days of leave in Aug and Sep prior to the end of FY15.  He did not have the opportunity to take the leave prior to the end of the FY.

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of major (O-4). 

He provides a copy of a paid travel voucher which shows he was deployed from 9 Aug to 22 Oct 15.  

His Leave and Earnings Statement (LES) for the period of 1 through 31 Oct 15 shows he lost 17 days of use/lose leave for FY15.   

The applicant provides a letter of support dated 24 Aug 16 signed by the 31st Fighter Wing Commander (31 FW/CC) which shows he lost 17 days of leave.  The 31 FW/CC states that on 4 Aug 15, the wing received a short notice deployment tasking in support of OIR.  Members selected to deploy, to include the applicant, were required to deploy on 9 Aug 15.  Because of the short notice deployment, members were forced to cancel leave plans.  The 31 FW/CC recommends restoration of the lost leave be applied to the FY17 leave balance to permit adequate time to use the restored leave.    

In accordance with AFI 36-3003, Military Leave Program, paragraph 6.1.9, Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records.  The member’s application must clearly establish an error or injustice by the Air Force caused the lost leave.  If the Board grants the request, the leave is restored to the current leave account and members must use the days before the end of the FY.   

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.  The applicant failed to provide documentation on why he was unable to take leave during the period of 1 Oct 14 to 8 Aug 15.  He also did not provide proof he had 17 days of leave planned for Aug and Sep 15.  Moreover, the applicant deployed for 75 days and did not meet eligibility requirements for SLA by deploying for a minimum of 120 days. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was on TDY assignments from 21 to 24 Oct 14, 8 to 15 Nov 14 and 28 Jan to 28 Jun 15.  He was TDY for a total of 216 days in FY15.  He had little time to take leave until he completed training on 28 Jun 15 due to maintaining flying currency, spin up for USAF Weapons School and executing his additional duties,.  This is why he planned to take his 17 days of leave in Aug and Sep; however, the no notice deployment superseded his leave plans.

He takes exception with the Air Force evaluation which states he should have provided documentation he planned to take leave at the end of the FY.  Leave is a right and a member can choose to take it when they choose.  Commanders can deny leave but this requires justification.  The fact that he is asked to provide proof of planned leave is invalid.  Earned leave is taken when deemed necessary and local leave is always an option.

The Air Force evaluation also states he was not eligible for SLA because he did not deploy for more than 120 days.  He understands SLA does not apply to him.  The key factor is that the deployment was no notice and it happened at the end of the FY giving him no opportunity to take the leave prior to losing it.

He has been fighting this issue for a year and half now.  All of his commanders, from squadron to wing, are in support of him getting his leave back. 

A complete copy of the applicant’s submission is at Exhibit E.     

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.  While the Air Force office of primary responsibility (OPR) recommends denial indicating he did not provide sufficient information to show he was unable to take 17 days of leave in FY15, we find the letter of support signed by the 31 FW/CC dated 24 Aug 16 and the additional evidence submitted in the applicant’s rebuttal response sufficient to warrant granting relief.  Therefore, we recommend the applicant's records be corrected as indicated below.	

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that 17 days of leave was restored to his leave account commencing 2 October 2017.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03577 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03577 was considered:

	Exhibit A.  DD Form 149, dated 25 Aug 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 7 Nov 16.
	Exhibit D.  Letter, AFBCMR, dated 27 Dec 16.  
	Exhibit E.  Letter, Applicant, dated 9 Apr 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.