RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00198

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Twelve (12) days of leave be restored to his leave balance.

APPLICANT’S CONTENTIONS

Changes in a deployment impacted his ability to take planned leave and an early return did not align with the Special Leave Accrual policy.  Therefore, he lost leave due to circumstances beyond his control.  In support of his request, he provides a letter from his commander detailing the circumstances that prevented him from utilizing the lost leave and other documents relevant to his request.

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).

DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, for the period 1 through 31 December 2010, reflects the applicant lost 12 days 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.  Special Leave Accrual 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.  Special Leave Accrual policy 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 Special Leave Accrual policy 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.  According to AFI 36-3003, the applicant is not eligible for Special Leave Accrual; therefore, restoration of leave by the Board is required.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Due to mission requirements the applicant was unable to reduce his leave balance to 60 days prior to the end the fiscal year; therefore, he lost 19 [sic] days of leave.

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 10 March 2020, 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 of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes AFPC/DP2SSM incorrectly stated the applicant lost 19 days of leave; however, the applicant’s DFAS Form 702 indicates he lost 12 days of leave.  In view of the foregoing, 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 APPLICANT be corrected to show that twelve (12) days of leave be added to his current leave balance commencing 2 October 2020.

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-2020-00198 in Executive Session on 23 April 2020:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 January 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 21 February 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 March 2020.

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.