RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-05359

XXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Eighteen and one half (18.5) days of leave be restored to his leave account. 

APPLICANT CONTENDS THAT:

He was able to take 11 days of leave during fiscal year (FY) 2017 and planned to take the remaining 18.5 days of “Use or Lose” leave during the months of July through October.  However, on 5 Jul 17, he was selected for a short-notice deployment for the remaining 87 days of FY17 in support of Operation GLOBAL RESPONSE FORCE.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force master sergeant.  According to Special Order TE-0540, provided by the applicant, he was scheduled for a 120-day deployment to Al Dhafra, United Arab Emirates on or about 5 Jul 17.  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 denying the application.  The applicant failed to provide a travel voucher to validate the number of days he was deployed.   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 17 Apr 18 for comment (Exhibit D), and the applicant replied on 23 Apr 18.  In his response, the applicant provided copies of his paid travel voucher, orders and a Leave and Earning Statement (LES), which reflects he lost 18.5 days of leave.  The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUAITON:

By email dated 24 Apr 18, the Board staff requested AFPC/DP2SSM review the applicant’s rebuttal documents (Exhibit F).

By email dated 26 Apr 18, AFPC/DP2SSM advised the Board staff that, after a review of the applicant’s rebuttal documents, they recommend granting the applicant’s request to restore 18.5 days of leave to his leave account (Exhibit G).

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

As required by 10 U.S.C. 1556(a), on 22 Jun 18, a summary of the communications made by AFPC/DP2SSM to the Board was provided to the applicant for review and comment within 30 days (Exhibit H). 

By email dated 26 Jun 18, the applicant states he agrees with the recommendation of AFPC/DP2SSM  to grant his request to restore 18.5 days of lost leave to his leave account (Exhibit I). 

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 injustice.  The Board concurs with the rationale and final recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records 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 show that eighteen and one half-days (18.5) days of leave be restored to his leave balance for Fiscal Year 2019.  Member must use these days before the end of Fiscal Year 2019. 

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-2017-05359 in Executive Session on 2 Aug 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/atch, dated 4 Dec 17.
Exhibit B:    Documentary evidence, including relevant excerpts from official records.
Exhibit C:   Advisory opinion, AFPC/DP2SSM, w/atch, dated 19 Jan 18
Exhibit D:   Notification of Advisory, SAF/MRBC to applicant, dated 17 Apr 18.
Exhibit E:   Applicant’s Response, w/atchs, dated 23 Apr 18.
Exhibit F:   Email, SAF/MRBC, dated 24 Apr 18.
Exhibit G.   Email, AFPC/DP2SSM, dated 26 Apr 18.
Exhibit H.  Email, SAF/MRBC, w/atchs, dated 22 Jun 18.
Exhibit I:   Email, Applicant’s Response, 26 Jun 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.