RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00525 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His leave balance be adjusted to reflect three days. ________________________________________________________________ APPLICANT CONTENDS THAT: AFI 36-3003, Military Leave Program, table 1, rule 3 and 6 is incorrect because it does not follow DoDI 1327.06, Leave and Liberty Policy and Procedures, which states “for leave ending on a non-duty day, the day of return shall not be charged as a day of leave.” The applicant did not provide any documentation in support of his request. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major. The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. DPSIM states Air Force Guidance Memorandum 2 (8 Apr 11) revised AFI 36-3003 to reflect the following: 1) Change Table 1, Determining Duty or Chargeable Leave, rule 3 to read “If a member is starting leave or signing up for space-available travel on a non-duty day, then the member is on leave.” 2) Change Table 1, Determining Duty or Chargeable Leave, rule 6 to read “If a member is returning on a non-duty day, then the member is on duty.” This was done to correct the discrepancy between the DoDI and the AFI. However, AF/JAA, in a memo dated 2 Mar 11, explained that the prior version of AFI 36-3003 was lawful in spite of its inconsistency with DoDI. Therefore, the member’s leave was correctly determined when it was taken and there is no entitlement to a correction of records based on the difference between the AFI rule and the policy set forth in DoDI 1327.06. The complete DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Jul 11, for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 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 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 an 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 BC-2011-00525 in Executive Session on 15 Nov 11, under the provisions of AFI 36- 2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Jan 10. Exhibit B. AFPC/DPSIM, Letter, dated 8 Jun 11. Exhibit C. SAF/MRBR, Letter, dated 1 Jul 11. Panel Chair