RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01834 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her one day of erroneously charged leave be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: Pursuant to Department of Defense Instruction (DoDI) 1327.06, Leave and Liberty Policy and Procedures, the day of return shall not be charged as a day of leave when it ends on a non-duty day. For leave granted for 17 and 18 December 2010, only 18 December was chargeable leave since it ended on a non-duty day. AFI 36- 3003, Military Leave Program, has been updated to reflect DOD policy. In support of her appeal, the applicant provides a copy of her leave request and e-mail correspondence from AFPC/DPSIMC. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of Captain (O-3). The remaining relevant facts pertaining to this appeal are contained in the advisory opinion from the Air Force office of primary responsibility at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. AFI 36-3003 was revised to correct the discrepancy between the DODI and the AFI. However, AF/JAA has opined the prior version of AFI 36-3003 was lawful in spite of its inconsistency with DoDI. Many members made leave plans based on the rules in effect at the time in or to make the best use of their leave. An adjustment would have to justify the member’s past intent to determine how past plans would have changed under different leave rules. The complete DPSIM evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 June 2011, for review and comment within 30 days (Exhibit C). As of this date, this office has received no 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 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 material error or injustice; that the application was denied without a personal appearance; and 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-2011-01834 in Executive Session on 19 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Mar 11, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 5 Jun 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.