RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03929 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Six (6) days of leave be restored to his leave account.

APPLICANT CONTENDS THAT:
On 9 Aug 15, he deployed in support of Operation INHERENT RESOLVE with only four days’ notice. Since the deployment did not last for more than 120 days, he is not eligible for Special Leave Accrual (SLA). He planned to take the remainder of his leave prior to the end of the FY; however, he was forced to cancel his leave plans for Aug and Sep which would have depleted his remaining use or lose leave balance.

The applicant provides a letter from his wing commander    dated
24 Aug 16, stating in part that multiple personnel were directed to meet mission requirements. Because of the short notice of the deployment, members were forced to cancel leave plans for August and September which would have depleted their remaining use or lose leave balance.
The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of major (0-4).

According to DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, for the period 1 – 31 Oct 15, reflects the applicant lost six days of leave.

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 B.

AIR FORCE EVALUATION:
AFPC/DP2SSM recommends granting the applicant’s request, indicating he was forced to cancel his leave in Aug and Sep 15 to meet the demands of his deployment to Incirlik Air Base, Turkey. In accordance with AFI 36-3003, Military Leave Program, dated 11 May 16, paragraph 6.1.8, “members are ineligible for SLA when the following precludes using leave:”

Normal Permanent Change of Station (PCS) TDYs
Hospitalizations Aeromedical Evacuations Quarters
Convalescent Leaves Training Exercises
Attending schools or courses Research requirements

IAW AFI 36-3003, paragraph 6.1.9, “members not eligible for SLA, for reasons listed in paragraph 6.1.8 “can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records. If the Board restores leave to current leave account, members must use the days before the end of the current FY.”
A complete copy of the AFPC/DP2SSM evaluation, with attachment, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 17, for review and comment within 30 days (Exhibit C). 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an 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 six (6) days of lost leave were restored to his current leave balance.

The following members of the Board considered AFBCMR Docket  Number BC-2016-03929 in Executive  Session  on  14  Feb   18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military  Records:
Panel Chair Member
Member
All members voted to correct the records as recommended. The following documentary was considered:

Exhibit A.	DD Form 149, dated 1 Sep 16, w/atchs. Exhibit B.	Memorandum, AFPC/DP2SSM, dated 5 May 17,
w/atch.
Exhibit C.	Letter, AFBCMR, dated 11 Oct 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.