RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00512

XXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Twenty-nine (29) days of lost leave during FY19 be restored to current leave account.

APPLICANT’S CONTENTIONS

Due to the high operations tempo of the Air Force Air Demonstration Squadron, he was unable to take the leave he earned in FY19 during the show season.  He was the only pilot trained in his position and unable to take trips off during the show season or skip a training day during the training season.  Normally, a Thunderbird would take all the leave they had accrued, over the 60 days maximum, during their final training season when they are no longer required for training and are awaiting their next assignment.  Since the Air Force asked him to remain on the team a third year following the first fatality in over 20 years, he was unable to take the leave he had accrued during the previous year, since he was retraining into a new position and therefore lost 29 days.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force major (O-4). 

On 1 Oct 19, according to a leave history report provided by the applicant, the applicant lost 29 days of accrued leave. 

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.  The unit’s casualty and additional tasks created by the casualty was not within his control.  The applicant’s application clearly establishes that an error or injustice by the Air Force caused the applicant’s lost leave. If the Board grants relief, the applicant’s record should be corrected by DFAS to restore 29 days of lost leave to the applicant’s balance. 

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 Jun 20 for comment (Exhibit C), 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 twenty-nine (29) days of leave be restored to his 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-2020-00512 in Executive Session on 10 Nov 20:

, 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 10 Jan 20.
Exhibit B:	Advisory opinion, AFPC/DP2SSM, dated 2 Mar 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 6 Jun 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.