RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00036 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Corrective action be made to his records to restore 14.5 days of leave. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not have time to take leave due to short notification for a contingency temporary duty (TDY), pre-deployment training and combat skills training. In support of his appeal, he provides copies of documents extracted from his military records. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The documentation the applicant submitted reflects he was scheduled to attend pre-deployment training from 16 Aug 09 through 22 Aug 09, 24 Aug 09 through 30 Aug 09, 28 Sep 09 through 2 Oct 09. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIMC recommends denial. DPSIMC notes the applicant had 25 days prior to his departure for his pre-deployment training to take the 14.5 days of leave. The governing instructions states, service members who have use or lose leave in August or September risk losing leave on 1 October if military requirements or personal circumstances prevent them from taking leave at that particular time. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Jul 10, for review and comment within 30 days. 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 error or injustice warranting relief. In light of the supporting letter from the commander attesting to the applicant's inability to use leave due to the short notice deployment and training requirements, we believe the applicant's request should be granted. Therefore, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that 14.5 days of leave were restored to his current leave account. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00036 in Executive Session on 23 Sep 10 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Dec 09, w/atchs. Exhibit B. Letter, DPSIMC, dated 30 Jun 10. Exhibit C. Letter, SAF/MRBC, dated 9 Jul 10. Panel Chair