RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05430 COUNSEL: NONE XXXXX HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. Fifteen days of leave be restored. 2. Twenty two and a half days of tax free leave be restored. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was deployed to Iraq for 356 days on an Indeterminate TDY (ITDY) and was erroneously charged for 15 days of leave authorized for rest and recuperation. Additionally, his travel voucher filed upon return was processed incorrectly and he did not receive Combat Zone Tax Exclusion (CZTE) for 22 and half days of accumulated leave. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is an active duty lieutenant colonel. He was deployed on an ITDY to Iraq, a designated CZTE location, from 5 April 2011 to 26 March 2012. The applicant was charged for 15 days of leave for rest and recuperation and 22 and a half days of leave were accumulated while deployed; however, it was not designated as being tax exempt. In accordance with the Department of Defense Instruction (DoD) Instruction 1340.25, Combat Zone Tax Exclusion (CZTE), the CZTE authorization is unlimited for enlisted members and warrant officers but is limited for commissioned officers to the maximum monthly enlisted pay amount (equivalent to the service senior enlisted leader’s pay) plus the Hostile Fire Pay/Imminent Danger Pay. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIM recommends restoring the 15 days of accrued leave. DPSIM states that in accordance with Air Force Instruction, 36-3003, Military Leave Program, “Rest and Recuperation programs are for members in designated hostile-fire or imminent-danger areas when military necessity restricts the annual leave program and the use of ordinary leave.” Iraq and Afghanistan were designated as hostile fire locations and approved by United States Central Command (USCENTCOM) policy for 15 days non- chargeable leave for rest and recuperation. The complete DPSIM evaluation is at Exhibit B. DFAS-IN recommends denial of the request for tax exemption of the 22 and half days of accumulated leave. Although the leave was accumulated while deployed in a designated hostile-fire location, the applicant exceeded the amount of pay (equivalent to the service’s senior enlisted leader). The maximum pay, including hostile fire/imminent danger, was $7,714.80 for 2011 and $8,921.70 for 2012. Records indicate the applicant’s monthly pay, including hostile fire/imminent danger was $8,921.70 and $9,264.30 for 2011 and 2012, respectively, exceeding the authorized cap. The complete DFAS-IN evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force and DFAS evaluations were forwarded to the applicant on 24 April 2013 for review and comment within 30 days (Exhibit D). 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 to warrant approval of his request to restore 22 and half days of CZTE leave. We took notice of the applicant’s complete submission in judging the merits of this request; however, we agree with the opinion and recommendation of DFAS 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 this portion of his request. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant approving his request to restore 15 days of accrued leave. After a thorough review of the facts and circumstances in this case, we agree with the opinion and recommendation of DPSIM that his leave should be restored. Therefore, in the interest of justice, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records relating to the applicant be corrected to show that fifteen (15) days of leave be restored to his leave account commencing 2 October 2013. ________________________________________________________________ _ The following members of the Board considered Docket Number BC- 2012-05430 in Executive Session on 5 September 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 November 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 2 February 2013 Exhibit C. Letter, DFAS-IN, dated 23 April 2013. Exhibit D. Letter, SAF/MRBR, dated 24 April 2013. Panel Chair 2 3