RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00508 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Five (5) days of leave be restored to his leave account.

APPLICANT CONTENDS THAT:
He was only able to take 25 days of leave in FY16 due to multiple temporary duty (TDYs) assignments and normal operation requirements. He was TDY during the months of Oct - Dec and Feb – May. He started “spin up” in Jun 16, for his Jul 16 deployment  and was not allowed to take leave during this time. He was deployed for the second time for the remaining 81 days of FY16 and unable to take leave.

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 captain (0-3).

According to a memorandum dated 28 Oct 16, provided by the applicant, the squadron commander recommended the vice wing commander approve the applicant’s Special Leave Accrual (SLA) request.

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 the applicant tried to reduce his leave balance prior to departing on his deployment in Jul 16; however, he was unable to use 5 days prior to departure.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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

Per the applicant’s travel voucher he deployed for 129 days; however, he attended training and TDYs prior to deployment which renders him ineligible for SLA.

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.

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 31 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 five (5) days of leave be restored to his leave account.

The following members of the Board considered AFBCMR Docket Number BC-2017-00508 in Executive Session on 12 Mar 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 18 Jan 17, w/atchs. Exhibit B.	Memorandum, AFPC/DP2SSM, dated 16 Oct 17,
w/atch.
Exhibit C.	Letter, AFBCMR, dated 31 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.