RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00077

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her 8.5 days of leave lost on 1 Oct 19 be restored to her leave account.

APPLICANT’S CONTENTIONS

She transferred from the Army Reserve to Active Duty Air Force.  When she transferred she also opted to transfer her 59 days of accrued leave.  However, when she arrived at her duty station her leave and earning statement (LES) did not reflect use or lose leave entitlements from 1 Jun 19 to 31 Oct 19.  On 30 Nov 19, her LES reflected she had lost 8.5 days of leave.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force captain (O-3).

On 10 Jun 19, the applicant was discharged from the Army Reserve.

On 11 Jun 19, she entered the Regular Air Force. 

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

APPLICABLE AUTHORITY

Title 10, United States Code, Section 701: Entitlement and accumulation; Title 10, U.S.C, § 1552: Correction of military records: claims incident thereto; AFI 36-3003, Military Leave Program; AFI 36-2603, Air Force Board for Correction of Military Records; Total Force Military Leave Program Personnel Services Delivery Guide.

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 granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  When the applicant transferred from the Army Reserve to Active Duty Air Force status her accession took months to consummate.  Her record did not show that she was entitled to any of the leave that lost until after the Fiscal Year ended.  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 25 Feb 21 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show eight and one half (8.5) days of leave be restored to her current balance.

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-2020-00077 in Executive Session on 11 Mar 21:

, 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 2 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 24 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 Feb 21.

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.