RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03804
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Eight (8) days of lost leave be restored.  

APPLICANT CONTENDS THAT:

He lost 8 days of leave at the end of FY15.  He deployed to Incirlik AB, Turkey in support of Operation INHERENT RESOLVE (OIR) from 11 to 20 Aug 15 and from 29 Sep to 21 Oct 15.  He was given only five days of notice and was required to cancel his leave scheduled for Aug and Sep.  He had no opportunity to take leave prior to the end of the FY due to travel between the two bases.  He was the Operations Group Commander (OG/CC) with operational control of alert operations at Aviano AB, Italy and operational control over combat operations at Incirlik AB.  He was also on temporary duty (TDY) for 113 days during FY15 with a permanent change of station (PCS) assignment that did not allow leave enroute.  The 31st Fighter Wing Commander (31 FW/CC) has approved his request to have his leave restored.

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 colonel (O-6).   
  
The applicant provides copies of paid travel vouchers which indicate he was deployed from 11 to 20 Aug 16 and from 29 Sep to 21 Oct 16.  

His Leave and Earnings Statement (LES) for the period of 1 through 31 Oct 15 shows he lost 8 days of leave in FY15.

The applicant provides a letter of support signed by 31 FW/CC dated 24 Aug 16, which reflects he lost 8 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, 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 that 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 member’s must use the days before the end of the FY.  

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 approval.  Per the wing commander’s letter, the applicant was forced to cancel his leave to meet the demands of the deployment.   He was deployed for 113 days during FY15 and had a PCS assignment that did not allow any leave enroute.  The 31 FW/CC has reviewed and approved the applicant’s request to have his leave reinstated.  

The applicant’s deployment did not last longer than 120 days and therefore he is not eligible for SLA and a BCMR submission is required to restore leave.  Per AFI 36-3003, members not eligible for SLA can request recovery of days lost by submitting a DD Form 149.  

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 10 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.  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 8 days of leave was restored to his leave account commencing 2 October 2017.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03804 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 was considered:

	Exhibit A.  DD Form 149, dated 1 Sep 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 6 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 10 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.