RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02326 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Fourteen (14) days of leave lost during fiscal year (FY) 2011 be restored to his current leave balance. ________________________________________________________________ APPLICANT CONTENDS THAT: At the start of FY2012, he lost 14 days of leave. As soon as he became aware of the issue he applied for Special Leave Accrual (SLA) restoration. It took the local installation nearly six months to get the paperwork processed. Then it took a month for the Air Force Personnel Center to respond. When they responded they said he was going through the wrong channels and he needed to submit a DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552 to correct his record. He was stationed overseas in a one-deep position that made it difficult to take leave without impacting the diverse mission. He had planned on taking consecutive overseas tour (COT) leave en-route to his next assignment but thirty days prior to his permanent change of station (PCS) he was notified that he had been selected for a two and one half month formal school which ended on 3 October 2011. He only had three weeks to get to his new assignment and get his family settled in before reporting to the school which left no time to use his leave. He would have gladly taken leave if he had had the opportunity. He needed a vacation for a long time, but the mission needs at his local base in the overseas area were more stringent than other overseas bases, and manning was always a consideration. He was a superintendent in charge of a staff of 10, and due to their low experience level, he felt that taking leave would have left his team in a cumbersome position so he opted to put the mission first, to the detriment of his family and personal time. He is just trying to get back the leave he earned but was not at liberty to take. In support of his request, the applicant provides a copy of his travel voucher summary. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Master Sergeant, E-7. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. DPSIM states the applicant did not deploy during FY11. He would not have been eligible for SLA restoration during this period. The applicant also used 8 days of leave and also lost 14 days of leave in FY11. AFI 36-3003, Military Leave Program, paragraph 10.9.7., states in part, member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. Additionally, AFI 36-3003, paragraph 10.8.5., states members are ineligible for SLA when training exercises, attending schools or course, and research requirements preclude the use of leave. The complete AFPC/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 16 July 2012 for review and comment within 30 days (Exhibit C). To 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 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 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 this application BC-2012-02326 in Executive Session on 23 January 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 May 2012, w/atch. Exhibit B. Letter, AFPC/DPSIM, dated 26 June 2012. Exhibit C. Letter, SAF/MRBR, dated 16 July 2012.