RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-05390

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to carry over 12.5 days of use/lose leave into Fiscal Year 2018 (FY18).

APPLICANT CONTENDS THAT:

He was only able to use 17 days of leave during FY17 due to multiple Temporary Duty (TDY) assignments, deployment, and normal operational requirements.

The applicant was TDY 3-30 Oct 16 (San Diego, California), 3-13 Dec 16 (Robins Air Force Base, Georgia), 3-27 Feb 17 (Red Flag), and 31 May-17 Jun 17 (Geilenkirchen, Germany).  He planned to take the remaining 12.5 days of use/lose leave during the months of Jul – Oct 17, but was notified he was selected for a last-minute deployment beginning 5 Jul 17.  The applicant was deployed to a non-Hostile Fire Pay location for the remaining 87 days of FY17 in support of Global Response Force, and was not authorized to use leave during that time.

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

STATEMENT OF FACTS:

On 30 Sep 12, the applicant initially entered the Regular Air Force.

The applicant is currently serving on active duty with 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 denial, indicating there is no evidence of error or injustice.

In accordance with Air Force Instruction (AFI) 36-3003, Military Leave Program, Air Force Guidance Memorandum (AFGM) 2017-01, dated 26 July 2017, paragraph 6.1.2., “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.”

Additionally, paragraph 6.1.8. states, “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.”

Finally, per 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.”

The applicant failed to provide a travel voucher to validate the number of days he was deployed.  Furthermore, the applicant 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, AFPC/DP2SSM would have recommended approval of his request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the OPR’s comment regarding supporting documentation, the applicant provided copies of travel vouchers for his TDY assignments and deployment, as well as a record of his Individual Flying Time summary for FY17.

A complete copy of the Applicant’s Rebuttal is at Exhibit E.

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, to include his rebuttal, in judging the merits of the case.  Based upon the applicant’s submission of the travel vouchers to validate the amount of days he was deployed, we find sufficient evidence has been provided to indicate the applicant was not able to take leave and is the basis for our conclusion he has been the victim of an 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 twelve and a half (12.5) days of leave to his current leave account.

The following members of the Board considered AFBCMR Docket Number BC-2017-05390 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-05390 was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 17, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 21 Dec 17, w/atch.
	Exhibit D.  Letter, SAF/MRBC, dated 4 Jan 18, w/atch.
	Exhibit E.  Letter, Applicant Rebuttal, 10 Jan 18, w/atchs.

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-2017-05390, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.