RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01001 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Ten (10) days of lost leave from Fiscal Year 2012 (FY12) be restored. ________________________________________________________________ APPLICANT CONTENDS THAT: He deployed on a short-noticed tasking from 12 Sep - 17 Oct 12 and was unable to take his leave. His wing commander agreed that he should be restored 10 days of leave and approved a Special Leave Accrual (SLA) request. However, Air Force Personnel Center (AFPC) denied the request due to the “deployment not meeting a 60-day tour length,” specified in the Air Force Instruction. In support of his request, the applicant provides copies of his LeaveWeb emails, FY12 SLA Restoration Request, SLA Approval Memorandum, and his travel voucher. 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 colonel. The applicant was deployed from 12 Sep – 17 Oct 12. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. DPSIM states that the applicant’s Master Military Pay Account (MPPA) does not reflect any contingency deployments. He was deployed for a total of 18 days during FY12 which makes him ineligible for leave restoration. In accordance with Leave Program (PSD) Guide (4 Apr 12) Section E. Special Leave Accrual (SLA), Ineligibility for SLA (1), Airmen are ineligible for SLA based on not being physically deployed in support of a contingency operation for a continuous period of at least 60 days, unless specifically noted otherwise. The complete DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that he was deployed on Contingency Exercise Deployment (CED) orders prior to starting his already- approved ten days of use/lose leave for FY12. His wing commander cancelled his leave and ordered him to deploy as the commander of a classified, short-notice deployment, after he had originally approved the leave. The attached travel orders and voucher show that it was a CED deployment to an undisclosed location. The orders approval date was the same date he departed for the deployment, confirming the last-minute deployment. DPSIM’s statement “member was deployed for a total of 18 days in FY 12” is correct but the contingency TDY started only after his leave was cancelled by his wing commander (and the TDY continued into FY13). Had he not been deployed, he would have easily zeroed out his ten-day leave balance before the end of FY12. The reason his wing commander could not approve the SLA is because they were deployed short of the 60 days required by the AFI. He was instructed that his only recourse was to appeal to the BCMR. The applicant's complete response is at Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action. We note the office of primary responsibility recommends denial due to the fact the applicant’s deployment did not meet the 60-day tour length as specified for restoration of his loss leave as Special Leave Accrual (SLA). However, based on the applicant’s short-notice deployment, we are of the opinion his loss of leave occurred through no fault of his own and should be restored. Therefore, we find the evidence presented sufficient to grant the requested relief and recommend the records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that ten (10) days of leave were restored to his current leave account. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01001 in Executive Session on 5 Dec 13, 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 14 Feb 14 [sic], w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 11 Jul 13. Exhibit C. Letter, SAF/MRBR, dated 24 Jul 13. Exhibit D. Letter, Applicant, dated 6 Aug 13, w/atchs.