RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03345 

 INDEX CODE: 121.03 

 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Seventeen (17) days of leave be restored to his leave account. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He lost 17 days of leave due to high visibility programs, General 
and Flag officer leadership demands, staff turnover, requirements 
is support of Operation Iraqi Freedom (OIF)/Operation Enduring 
Freedom (OEF), and current operations while assigned to the Joint 
Staff. 

 

He has worked while on leave status to “burn” leave which would 
have otherwise not been approved. His previous lost leave did 
not fit Air Force Special Leave Accrual (SLA) criteria, while 
other officers on the Joint Staff were able to retain their 
use/lose leave under other service’s application of SLA criteria. 

 

In support of his request, the applicant provided an email from 
his supervisor, and an email confirming his lost leave. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to AFPC/DPSIMC, the applicant carried forward 60 days 
of leave at the beginning of Fiscal Year 2007 (FY07). He earned 
30 days of leave throughout FY07 and used 28 days of leave during 
FY07, but lost 15 days of leave at the end of FY07. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIMC recommends denial and states they found no error 
or injustice by the Air Force causing the member to lose leave. 
AFI 36-3003, Military Leave Program, states in part that a 
member’s application must clearly establish an error or injustice 



by the Air Force caused the member’s lost leave. DPSIMC notes 
the member did not request to use his 15 days of leave until 
15 Sep 06. Per AFI 36-3003, Para 4.1.2, in part both management 
and members share responsibility in managing leave balances 
throughout the FY. Waiting to use leave until 15 Sep 06 is not 
good management. The member’s unit commander informed the member 
if he wanted to take leave, he would need to be available for 
work due to training and NSPS. She recommended the member use 
two days a week to utilize his remaining leave balance; however, 
the member did not use any of his leave. Per AFI 36-3003, unit 
commanders may disapprove leave requests due to military 
necessity or in the best interest of the Air Force. 

 

The complete DPSIMC evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 30 Jan 09, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received. 

 

_________________________________________________________________ 

 

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 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 office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no compelling basis 
to recommend granting the relief sought in this application. 

 

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 involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 



that 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 Docket Number 
BC-2008-03345 in Executive Session on 24 March 2009, under the 
provisions of AFI 36-2603: 

 


 

The following documentary evidence pertaining to Docket Number 
BC-2008-03345 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Aug 08, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIMC, undated. 

 Exhibit C. Letter, SAF/MRBR, dated 30 Jan 09.