RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00513

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her 8 days of leave lost in Fiscal Year 2019 (FY19) be restored to her leave account.

APPLICANT’S CONTENTIONS

In FY19 she was deployed for 6.5 months, returning on 12 Apr 19.  She took 22 days of leave over the remaining year.  Due to inprocessing from deployment and assignment requirements (to include multiple appointments, transportation/shipping/travel, in and out processing) she was unable to take an additional 8 days of leave.  While assignment processing is not eligible for Special Leave Accrual, it is unreasonable to expect a military member to take down time while meeting all these requirements.

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

STATEMENT OF FACTS

The applicant is currently serving as a colonel (O-6) in 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 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 had 6 months from the time she returned from deployment to the FY ending to take 30 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 16 Jun 20 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.  While the Board notes the recommendation of AFPC/DP2SSM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board finds sufficient evidence to indicate the applicant made every attempt to take all her use-or-lose leave.  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 (8) days were added to her leave balance commencing on 2 Oct 20.

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-2020-00513 in Executive Session on 26 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 4 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 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.