RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04485 COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
Fifteen (15) days of lost leave from Fiscal Year 2016 (FY16) be restored to his leave balance.

APPLICANT CONTENDS THAT:
During the course of FY16, there were six major exercises that required pilots to not take leave during those exercises. In addition, he was TDY on several occasions. Subsequently, a new group commander arrived and it was determined that at least one deputy group commander needed to be at work at all times. With all three deputies needing to take their leave, and one preparing for deployment, it was decided that he would not take leave, therefore, allowing the other deputies to take all of their use or lose leave.

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

STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of lieutenant colonel (O-5).

According to a memorandum dated 28 Oct 16, the 57th Wing commander recommended approval of his request for Special Leave Accrual (SLA).

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 denial indicating the applicant failed to provide sufficient evidence of an error or injustice. The applicant lost 15 days of leave while performing 4-6 mission exercises. However, there was no supporting documentation to support the

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

claims for the timeframe of these exercises, the several temporary duties (TDYs), or a letter from the commander not allowing leave to be taken during the 14 weeks of training. It’s apparent the applicant assumed that submitting a BCMR would grant him leave through the SLA process even though it doesn’t meet the intent.
In accordance with AFI 36-3003, Military Leave Program, dated
11 May 16, paragraph 6.1.2.1.1., “the situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security. In addition, SLA is not authorized for “training exercises, attending schools or courses, and research requirements.
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 6 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.	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 and agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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-2016-04485 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
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 19 Oct 16, w/atch. Exhibit B.	Memorandum, AFPC/DP2SSM, dated 9 Aug 17. Exhibit C.	Letter, AFBCMR, dated 6 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.