RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02151 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His leave balance of eleven days be restored to his account, his final pay recalculated, and he be paid accordingly. APPLICANT CONTENDS THAT: During his retirement out-processing he filled out his AF Form 988, Leave Request/Authorization, for his terminal leave. At the time of his appointment he had 102.5 days of leave on 13 Aug 14. The military personnel flight (MPF), calculated that his permissive TDY (PTDY) would be from 22 Aug-10 Sep 14 and his terminal leave would be from 11 Sep-31 Dec 14. The MPF informed him that since he was starting his terminal leave prior to 1 Oct 14 (start of fiscal year (FY) 2015), he would not lose his accrued leave over 75 days (102.5 days of leave upon retiring). This would leave .5 days of leave as printed on his DD 214, Certificate of Release or Discharge from Active Duty, When he received his final pay in Mar 15, he was not paid what was calculated at his retirement out-processing session. His Finance office told him this was because he had a minus-eleven-days leave balance. Finance stated that his leave was reduced when FY 2015 started on 1 Oct 14. When this was brought to the attention of the MPF, he was told that according to the regulation since he was already into his terminal leave, his leave should not have been readjusted and his 11 days of leave are to be restored. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 12 Dec 90. On 18 Mar 14, the applicant had his preseparation counseling in preparation for his anticipated retirement on 1 Jan 15. He did indicate (marked X in appropriate block) that he desired additional counseling on “Permissive TDY and Excess Leave.” On 13 Aug 14, according to documentation provided by the applicant, he established his retirement terminal leave beginning 11 Sep 14 through 31 Dec 14, with 102.5 days of accrued leave. On 31 Dec 14, the applicant was furnished an honorable discharge, retired effective 1 Jan 15, and was credited with 24 years, and 19 days of active service. 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. AFI 36-3003, Military Leave Program, establishes Special Leave Approval (SLA) guidance allowing service 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). In review of the evidence provided, although it appears the applicant was miscounseled by his local finance and MPS, they are unable to recommend restoration of the eleven days of leave lost as the applicant did not qualify for SLA restoration IAW AFI 36-3003. A complete copy of the 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 30 Oct 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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of injustice. We note the applicant’s contention that an error was committed by a finance counselor’s incorrect calculation of his leave, and erroneous advice that his eleven days of lost leave should be restored to his account. However, in review of the evidence provided, although it appears to the applicant he was miscounseled by his local finance office and military personnel flight (MPF), we are unable to recommend restoration of the eleven days of leave lost as the applicant did not qualify for Special Leave Approval (SLA) restoration in accordance with governing statute, DoD and Air Force guidance. There was no documentation in the applicant's records, or presented by the applicant indicating he qualified for SLA, therefore, it would be contrary to law/policy to grant the requested relief. 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 members of the Board considered AFBCMR Docket Number BC-2015-02151 in Executive Session on 27 Jan 16 and 14 Apr 16, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02151 was considered: Exhibit A.  DD Form 149, dated 29 Apr 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIM, dated 15 Sep 15. Exhibit D.  Letter, SAF/MRBR, dated 30 Oct 15.