RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04852

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

One (1) day of leave be restored to his leave account.

APPLICANT’S CONTENTIONS

His deployment from October 2018 through January 2019 and mission requirements from February 2019 through June 2019, prevented him from using all of his leave. 

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

STATEMENT OF FACTS

The applicant is a currently serving Air Force lieutenant colonel (O-5).

On 15 October 2019, the applicant requested approval of Special Leave Accrual (SLA) restoration for 10 days of annual leave lost on 1 October 2019.  The commander concurred with his request.

On 30 October 2019, according to an electronic communiqué from the AFPC SLA Restoration Monitor, provided by the applicant, his request for SLA was disapproved.  AFPC informed the applicant he would have been eligible for SLA if he had lost leave on 1 October 2018.  However, he had from July 2019 to 1 October 2019 to take one day of leave.

According to a Military Leave and Earnings Statement for the period 1-31 October 2019, provided by the applicant, he lost one (1) day of leave.

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 36-3003, Military Leave Program, and Military Leave Program Personnel Services Delivery Guide.  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.  The applicant is not eligible for SLA because he had a sufficient amount of time to take use/lose once he returned from deployment.   

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 18 December 2019, 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-2019-04852 in Executive Session on 19 March 2020:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 November 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 10 December 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 December 2019.

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.