RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02984

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His 23 days of leave be restored.

APPLICANT CONTENDS THAT:

He lost 23 days of use or lose leave due to unforeseen technical school delays.  He was notified of mandatory retraining on 5 Nov 15 with a class start date of 3 Dec 15.  The training was divided into two courses, with the first 3 Dec 15 to 30 Jan 16, and the second 28 Mar 16 to 10 Aug 16.  He took 10 days of leave enroute to the second phase of training and elected to save the remainder of his leave until the completion of training.  His final graduation date was pushed back to 28 Sep 16 due to weather cancellations, maintenance setbacks, and training requirements.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a staff sergeant serving in the regular Air Force. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the application.  Due to multiple temporary duty assignments and training requirements, the applicant was unable to reduce his leave balance to 60 days prior to the end of the fiscal year, losing 23 days of leave.  Should the Board grant relief, the applicant must use the leave prior to the end of the current fiscal year.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  However, due to the upcoming end of the current fiscal year, it is our recommendation the lost leave be restored to his leave account commencing on 2 Oct 18 to ensure he is afforded the opportunity to use his leave.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that twenty-three (23) days of leave was restored to his leave account commencing 2 Oct 18.    

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02984 in Executive Session on 11 Sep 18:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atch, dated 1 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding Docket Number BC-2017-02984.