RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01409 

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His 28 days of leave, lost in fiscal year 2015 (FY15), be restored.

APPLICANT CONTENDS THAT:

He was unable to take leave due to mandatory upgrade and professional military education (PME) training, deployment, and permanent change of station (PCS) assignment.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Dec 01.

The applicant is currently serving as a Technical Sergeant in the Regular Air Force, with an Expiration of Term of Service (ETS) of 9 Dec 20. 

His certificate of training for TSO_ACCT Airborne Cryptologic Certification Training, Mode 2, reflects training dates of 2 Apr 15 – 27 Apr 15.  

The applicant’s PME history confirms he attended PME in residence 28 May 15 – 8 Jul 15.  

His deployment history confirms temporary duty 20 Jul 15 – 13 Oct 15 (86 days).

A total of 41 days, between 28 Apr – 27 May, and 9-19 Jul, are not accounted for.

His date arrive station for his PCS was not until 19 Jan 16.  Close out of FY15 was 30 Sep 15.

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/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  

In accordance with AFI 36-3003, Military Leave Program, Chapter 6, the applicant is not eligible for Special Leave Accrual (SLA) consideration, since he was not deployed for a continuous period of at least 120 days.

The applicant was eligible to take leave from 1 Oct 14 to 1 Apr 15, and the periods between his certification training, PME, and deployment.  The applicant failed to provide circumstances which prevented him from taking leave between 28 Apr – 27 May, and 9-19 Jul. 

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his response, the applicant provides a statement reiterating that he was unable to take leave earlier due to an unexpected, short notice deployment, where he was selected in lieu of an individual who was removed for personal reasons.  He was planning to take 2-weeks leave in Aug and Sep, but was unable to.  Consecutive annual deployments, and continual training for his airborne cryptologist duties, effectuate a challenge in utilizing annual leave.  

The applicant’s complete response is at Exhibit E.

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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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-2016-01409 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01409 was considered:

	Exhibit A.  DD Form 149, undated, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 4 Nov 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16.
	Exhibit E.  Applicant Rebuttal, undated.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.