RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00129 

 INDEX CODE: 111.05 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her records be corrected to restore (5) days of leave. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was miscounseled on the leave program and would have taken 
more leave rather than lose it if she had been provided the 
correct information. She showed due diligence in her efforts to 
gather information on the leave program to enable her to make an 
informed decision. 

 

In support of the request, the applicant submits a travel 
voucher summary, emails related to her request, and copies of 
her DFAS Form 702, Defense Finance and Accounting Service 
Military Leave and Earnings Statement. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant currently serves in the Regular Air Force in the 
grade of lieutenant colonel. 

 

She completed a 365 day extended deployment from 17 Aug 05 to 
17 Aug 06. She lost 2.5 days of leave at the beginning of 
Fiscal Year 2007. On 30 Oct 07, a request for special leave 
accrual (SLA) was submitted on the applicant’s behalf, which 
resulted in 2.5 days of lost leave being restored. She lost an 
additional 5 days of leave concurrently. The Defense Finance 
and Accounting Service (DFAS) restored an additional 2.5 days of 
lost leave between 7 Dec 07 through 12 Dec 07. 

 

________________________________________________________________ 

 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIMC recommends denial. DPSIMC states, in part, the 
applicant did not provide sufficient justification for the 
period of 18 Aug 06 to 1 Oct 06. In addition, DFAS restored 2.5 
days of lost leave twice, although the applicant requested 2.5 
days of lost leave a year later. 

 

Additionally, in accordance with AFI 36-3003, Military Leave 
Program, paragraph 10.1, members are ineligible for SLA 
consideration if they returned from deployment and had the 
opportunity to use leave, but failed to do so. Per DoD FMR, Volume 7A, Chapter 35, Leave Accounting, para b.3, if at any 
time the leave balance drops to or goes below 60 days prior to 
1 Oct 08, then there is no longer any SLA protected leave. The 
applicant dropped below 60 days to 58 days during leave period 
from 19 Aug 08 through 24 Aug 08. As a result, she did not have 
any more protected leave. 

 

The complete DPSIMC 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 9 Apr 10, for review and comment within 30 days. 
As of this date, no response has been received by this 
office (Exhibit C). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not 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 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 relief sought in this application. 

 

________________________________________________________________ 

 

 
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 AFBCMR Docket 
Number BC-2010-00129 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 31 Dec 09, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIMC, dated 29 Mar 10. 

 Exhibit C. Letter, SAF/MRBR, dated 9 Apr 10. 

 

 

 

 

 ---------------- 

 Panel Chair