RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-04593

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His 14 days of accrued leave, lost on 1 Oct 16, be reinstated.

APPLICANT CONTENDS THAT:

He was the Executive Officer to the 2-star Director, Headquarters, United States European Command (HQ EUCOM) J7, from 1 Oct 15 through 19 Jan 16, and due to the demands of the position, was only able to use four (4) days of leave in the first quarter of Fiscal Year 2016 (FY16).

He had a Permanent Change of Station (PCS) on 19 Jan 16 to the North Atlantic Treaty Organization (NATO) Defense College in Italy for Senior Developmental Education (SDE), and due to attendance at this formal school, was unable to use leave from 19 Jan 16 through 22 Jul 16, when he graduated.

On 25 Mar 16, he was notified he would take command of the 521st Air Mobility Operations Group effective 4 Aug 16, due to military necessity, leaving only 13 days to relocate his family between two overseas locations with minimal Air Force Support.

He was granted 2 days leave enroute, and was subsequently granted 10 days of leave in Sep 16, leaving a balance of 14 days leave which was lost on 1 Oct 16.

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

STATEMENT OF FACTS:

On 3 May 94, the applicant was commissioned in the Regular Air Force.

On 5 Jun 15, under Special Order No. AI-093809, as amended by Special Order No. AI-130656, dated 14 Sep 15, the applicant was directed to PCS to Rome, Italy, with enroute Temporary Duty (TDY) in Ramstein, Germany for processing, and a Proceed On/About date of 19 Jan 16.

On 22 Feb 16, the applicant attended NATO Defense College, graduating on 22 Jul 16.

On 24 May 16, under Special Order No. AJ-084141, the applicant was directed to PCS to 521st Air Mobility Operations Group, with a report date Not Later Than (NLT) 31 Jul 16.

The applicant is currently serving in the Regular Air Force.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.

In accordance with (IAW) Air Force Instruction 36-3003, Military Leave Program, dated 11 May 16, paragraph 6.1.2., Special Leave Accrual (SLA) Eligibility. A member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to SLA, as outlined below:

6.1.2.1. A member who serves on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days are authorized to retain such leave (not to exceed 120 days) until the end of the third fiscal year following the fiscal year in which SLA was lost.

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. 

6.1.2.2. Members assigned to a non-HFP and/or non-IDP area in support of a contingency operation who are on CED orders (and in rare cases, 1610 orders) are authorized to retain such leave up to 120 days until the end of the second fiscal year following the fiscal year in which SLA was lost.

Paragraph 6.1.8. SLA Not Authorized. Members are ineligible for SLA when the following precludes using leave:

6.1.8.1. Normal PCS moves and TDYs.

6.1.8.5. Training exercises, attending schools or courses, and research requirements.

Paragraph 6.1.9. Members not eligible for SLA, for the 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, under the Provisions of Title 10, U.S. Code Section 1552. See AFI 36-2603.  Member’s application clearly establishes that an error or injustice by the Air Force caused the member’s lost leave. If the Board restores leave to current leave account, members must use these days before the end of the current FY.

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 Sep 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 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 record 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 restore fourteen (14) days of lost leave to his current leave account.

The following members of the Board considered AFBCMR Docket Number BC-2016-04593 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-2016-04593 was considered:

	Exhibit A.  DD Form 149, dated 28 Oct 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 10 Aug 17,
w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 12 Sep 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-04593, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.