RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05726 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Eight (8) days of leave lost during fiscal year (FY) 2012 be restored to his current leave balance. ________________________________________________________________ APPLICANT CONTENDS THAT: He had leave scheduled but was tasked for a short notice deployment. He departed on 12 August 2012, and did not return until 30 September 2012. To prevent the loss of leave he had appropriately forecasted his leave, however, due to the needs of the Air Force he was denied the opportunity to take the necessary leave. In support of his request, the applicant provides copies of a memorandum from his commander, unit projected leave schedule, travel order and travel voucher. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Master Sergeant, (MSgt), E-7. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPSIM recommends denial. DPSIM states the applicant failed to schedule “use/lose” leave in a timely manner. According to the Master Military Pay Account (MMPA), the applicant had 66 days of accrued leave at the beginning of FYI2. During FY12, he earned 30 days of accrued leave and used 13 days of accrued leave which resulted in a balance of 83 days of accrued leave at the end of FYI2. The applicant took ordinary leave on the following dates: 14-18 December 2011, 30 April 2012 thru 1 May 2012, and 15-20 March 2012. On or about 1 October 2012, the applicant lost 8 days of accrued leave at the end of FY12. The Military Personnel Data System (MilPDS) reflects the applicant attended operational training from 12 August 2012 to 30 September 2012. 2. According to AFI 36-3003, Military Leave Program and Air Force Guidance Memorandum (AFGM) 3, paragraph 10.8., special leave accrual (SLA) was not authorized in this instance. The guidance states “members are ineligible for SLA when the following precludes using leave: Normal PCS moves and TDYs.” AFI 36-3003, also states in paragraph 4.1.5., “unit commanders: advise members who schedule “use or lose” leave in August or September that they risk losing leave on 1 Oct if military requirements or personal circumstances prevent them from taking leave at that particular time.” In May 2012, the applicant projected “use or lose” leave in August and September; however, AF policy advises commanders to discourage “use or lose” leave in August or September to prevent losing leave at the end of the FY. The complete AFPC/DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 April 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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 in Executive Session on 24 September 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-05726: Due to the unavailability of the Panel Chair, is signing as the Acting Panel Chair Exhibit A. DD Form 149, dated 15 Nov 2012, w/atchs. Exhibit C. Letter, AFPC/DPSIM, dated 28 Mar 2013. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 2013.