RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-03126

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Five and a half days (5.5) of leave lost due to deployment and Temporary Duty (TDY) for training, that does not meet eligibility requirement for Special Leave Accrual (SLA), be restored to his leave account.

APPLICANT CONTENDS THAT:

On 4 Mar 16, he was deployed to Al Udeid Air Base (AB), Qatar until 16 Jun 16.  He assumed he would be able to use leave upon his return to work on 1 Jul 16.  During this period, he applied for retraining, and the 1A3 and 1A0 career field managers asked that he remain available until the end of the fiscal year for a retraining slot to open. On 23 Jul 16, he was informed he was accepted for retraining and expected to be at Lackland Air Force Base (AFB), Texas (TX) by 5 Aug 16 for the 1A0 Basic Boom Operator Course.  He had less than two weeks to prepare to be in place and was unable to take leave during this period.  

On 23 Aug 16, he completed the course by was expected at Altus AFB, Oklahoma (OK) by 11 Sep 16 for Initial Qualification Training.  Again, due to Permanent Change of Station preparation, he was unable to use leave.  He attended training through 17 Dec 16, and was unable to use leave before the end of the fiscal year due to his retraining status.

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

STATEMENT OF FACTS:

On 26 Jul 11, the applicant initially entered the Regular Air Force.

On 4 Mar 16, according to documentation provided by the applicant, he deployed to Al Udeid AB, Qatar for approximately 115 days, under Travel Order Number 1T4YFJ.

On 3 Aug 16, according to documentation provided by the applicant, he proceeded TDY to Lackland AFB, TX for approximately 21 days to attend training, under Travel Order Number 1V1NKF.

On 11 Sep 16, according to documentation provided by the applicant, he proceeded TDY to Altus AFB, OK for approximately 98 days to attend training, under Travel Order Number 1W5PPI.

The applicant is currently serving on active duty with the Regular Air Force.

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 granting the applicant’s request, indicating there is evidence of error or injustice.

In accordance with Air Force Instruction (AFI) 36-3003, Military Leave Program, dated 11 May 16, paragraph 6.1.2., “SLA Eligibility. A member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to SLA, as outlined below: 

6.1.2.1. A member who serves on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days is authorized to retain such leave (not to exceed 120 days) until the end of the third fiscal year following the fiscal year in which SLA was lost. 

6.1.2.1.1. 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.

6.1.2.2. Members assigned to a non-HFP and/or non-IDP area in support of a contingency operation who are on CED orders (and in rare cases, 1610 orders) are authorized to retain such leave up to 120 days until the end of the second fiscal year following the fiscal year in which SLA was lost.”

Additionally, AFI 36-3003, paragraph 6.1.8. states, “SLA Not Authorized. Members are ineligible for SLA when the following precludes using leave: 

6.1.8.1. Normal PCS moves and TDYs. 
6.1.8.5. Training exercises, attending schools or courses, and research requirements.
6.1.8.8. Post-Deployment Recovery Time.”

Finally, AFI 36-3003, paragraph 6.1.9. states, “Members not eligible for SLA, for the reasons listed in paragraph 6.1.8, can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records under the Provisions of Title 10, U.S. Code Section 1552.  See AFI 36-2603. Member’s application clearly establishes that an error or injustice by the Air Force caused the member’s lost leave.  If the Board restores leave to current leave account, members must use these days before the end of the current FY.”

The applicant provided sufficient evidence to warrant the leave restoration by providing source documentation of the deployment and TDY that hindered his ability to take leave throughout FY16.  The applicant’s 115 day deployment did not meet the requirements for SLA.  Additionally, the applicant attended TDYs and training after the deployment which requires Board for Correction of Military Records submission to restore leave.

A complete copy of the AFPC/DP2SSM 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 29 Dec 17 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.  Sufficient 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 and 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 been the victim of an error or injustice.  Therefore, we recommend the applicant’s record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to restore five and a half (5.5) days of leave to his current leave account.

The following members of the Board considered AFBCMR Docket Number BC-2017-03126 in Executive Session on 20 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-03126 was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 17, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 13 Dec 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2017-03126, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.