RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-05337 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Twenty-three and one half (23.5) days of leave lost on 1 Oct 17 be restored to his current leave account.

APPLICANT CONTENDS THAT:

Due to multiple TDYs, deployment and normal Operational requirements, he was unable to reduce his leave balance to 60 days prior to the beginning of FY18.  At 3 different times he had to cancel leave (15 days) due to mission requirements.  He planned on taking his 23.5 “use or lose” days of leave Jul-Oct 17, but he was selected for a last minute deployment starting on 5 Jul 17.  He was not authorized to take leave during this 87 day deployment.

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of captain (O-3).  

On 29 Jun 17, according to documents submitted by the applicant, Special Order TE-0541 was issued for the applicant to proceed on or about 5 Jul 17 to Al Dhafra, UAE;  TDY length: 120 days.

On 7 Nov 17, the applicant received THE AIR MEDAL (First Oak Leaf Cluster) for meritorious achievement while participating in aerial flight, as E-3 Airborne Warning and Control System Aircraft Commander, 968th Expeditionary Airborne Air Control Squadron, at Al Dhafra Air Base, UAE, from 27 May 15 to 19 Aug 17.  

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 denial, indicating there is no evidence of an error or an injustice.  The applicant contends he was only able to take 7 days of leave in FY17, and due to multiple TDYs, deployment and normal Ops requirements he was unable to reduce his balance to 60 prior to the beginning of FY18.  He contended he was TDY from Feb to Jun 17 which included SWA tail-swap, Red Flag, and Bangor Int’l Jet Rescue.  He contends he had to cancel his leave three times due to mission requirements and planned on using the remaining 23.5 days between Jul and Oct.  However he was notified of a short notice deployment, and on 5 Jul 17 deployed for the remaining days of the fiscal year in support of Global Response Force and was not authorized to take leave while deployed.  

In accordance with (IAW) AFI 36-3003, Military Leave Program, the applicant was not eligible for Special Leave Accrual (SLA) (carry forward more than 60 days of leave into a new FY), because he was not deployed to a hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days.  However, IAW AFI 36-3003, members not eligible for SLA, can request recovery of leave days lost by submitting a DD Form 149 to the BCMR.  If the Board restores the lost leave to the current leave account, the applicant must use these days before the end of the current FY.  The applicant failed to provide a travel voucher to validate the amount of days he was deployed.  Furthermore, he did not provide supporting documentation surrounding the TDYs taken earlier in the FY.  If the additional documentation were provided to verify the applicant’s TDY and deployment dates, they would have recommended approval.

A complete copy of the AFPC/DP2SSM evaluation w/atch is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Jan 18 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.  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; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not 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.

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-2017-05337 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-05337 was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 17, w/atchs.
	Exhibit B.  Master Personnel Records [Excerpts].
	Exhibit C.  Advisory, AFPC/DPSSM, dated 27 Dec 17, w/atch.
	Exhibit D.  Letter, AFMRBC, dated 8 Jan 18.

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.