RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04736

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Thirty (30) days of leave be restored to her current leave balance.

APPLICANT’S CONTENTIONS

Due to consecutive temporary duty (TDY) assignments and high priority office obligations, she was unable to take leave from 8 Dec 18 through 14 Aug 19. 

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

STATEMENT OF FACTS

The applicant is a currently serving Air Force senior master sergeant (E-8).

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

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-3003, Military Leave Program and Military Leave Program Personnel Services Delivery Guide (PSDG).  Special Leave Accrual (SLA) allows members in qualifying duties to accumulate leave in excess of 60 days.  Furthermore, it should be a result of the member’s inability to take leave or to reduce their leave balance to 60 days before the end of the fiscal year while being assigned to said activities.  SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days that is a result of members’ failure to properly manage their leave balance.

Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records.  Requests for recovery of lost leave must include the following: 

(1) Memorandum endorsed by the unit commander denying leave due to military necessity or when in the best interests of the Air Force.  This memorandum must provide full justification, including documentation showing how the Airmen managed their leave during the year, to clearly establish an error or injustice by the Air Force that caused the Airman’s lost leave.

(2) Recommendation from the appropriate approval authority (O-6 equivalent).  The wing commander or wing vice commander has the final authority and may be delegated no lower than the first O-6 in chain of command.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  Per AFI 36-3003, the applicant is ineligible for SLA.  On 25 Oct 19, the applicant submitted a case for SLA via the Case Management System.  On 29 Oct 19, her case was denied by the Air Force Personnel Center. The applicant did not provide any supporting documentation that she was unable to take leave due to a high profile work schedule or her TDY schedule. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Dec 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The evidence indicates the applicant did not qualify for SLA.  However, as noted above, members not eligible for SLA may request restoration of lost days by submitting an application to the Board.  However, the applicant’s submission did not include the required documentation for the Board to make a proper recommendation.  Therefore, the Board concurs with the recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Accordingly, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04736 in Executive Session on 1 Apr 20:

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 21 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Jan 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.