RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05038

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Restoral of 24 days lost annual accrued leave.


APPLICANT CONTENDS THAT:

Based on his organization’s diverse mission providing immediate 
strategic capabilities to 17 Areas of Responsibility (AORs) 
supporting little or no-notice emergency response and the 
absence of the organization’s Vice Commander who was deployed 
more than five months then absent another month to relocate, he 
concluded taking ordinary leave would be impractical if they 
were to succeed in implementing their mission.  He would like to 
retain/carryover 24 days of ordinary leave into the appropriate 
Fiscal Year.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 29 May 91, the applicant entered active duty into the Regular 
Air Force.  The applicant is currently serving in the grade of 
Colonel (Col/O-6).

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant carried forward 93.5 
days of leave at the beginning of FY14, earned 30 days, and used 
13 days of leave during FY14.  The FY14 ending leave balance was 
86.5 days.  The applicant failed to provide documentation from 
his leadership proving his inability to take leave as a result 
of a catastrophe, national emergency and/or crisis or operations 
in defense of national security.  

Air Force Instruction 36-3003, Military Leave Program, paragraph 
10.1, Special Leave Accrual (SLA) allows members who are faced 
with circumstances that prohibit them from taking leave to 
accumulate leave in excess of 60 days (75 days until September 
30, 2015). The situation preventing members from using leave 
must have been caused by a catastrophe, national emergency 
and/or crisis or operations in defense of national security.  
Furthermore, it should be a result of the members’ inability to 
take leave or to reduce their leave balance to 60 days (75 days 
from 1 Oct 08 through 30 Sep 15) before the end of the FY while 
being assigned to said activities.     

The complete 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 11 Feb 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


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.  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 the 
applicant has not been the victim of an error of injustice.  While we acknowledge the applicant’s request to have 24 days of 
annual leave restored, we do not believe he has demonstrated evidence of an injustice, as compared to others in his similar 
situation.  Additionally, the Board believed other personnel, within the chain of command, could have served in the 
applicant’s capacity to allow the applicant to take necessary leave.  Therefore, in the absence of evidence to the contrary, 
we find no basis to recommend granting the requested relief. 


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-05038 was considered:

	Exhibit A.  DD Form 149, dated 11 Dec 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 11 Feb 15.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 15.
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