RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00851

xxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Eight (8) days of leave be restored to his leave account.

APPLICANT’S CONTENTIONS

He took as much leave as he was permitted while still maintaining deployment and alert ready status as required by theater guidance.  Although he was deployed on orders for 180 days, he was mandated to attend a 30-day pre-deployment training cycle in conjunction with said deployment.  Prior to the training, he was tasked to a 60-day wing level temporary duty (TDY) assignment that has since become a CED [Contingency, Exercise and Deployment] tasking.  In all, he was off station from 9 October 2018 through 18 August 2019.  Upon returning, he took as much leave as able/permitted (22 days), following the mandated decompression/in-processing (14 days) and readiness training - approximately 10 days. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force staff sergeant (E-5). 

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

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 applicant used every opportunity to take leave with a deployment, TDYs, and assignment in one fiscal year.  However, the applicant lost eight days of leave on 1 October 2019.  In Fiscal Year 2019, the applicant was deployed for 6.5 months returning on 12 April 2019.  Upon return from deployment, he  relinquished taking the eligible 10-day minimum post deployment downtime and executed 22 days of leave over the remainder of the year.  The applicant was unable to execute 8 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 11 June 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 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 APPLICANT be corrected to show that eight (8) days of leave be restored to his current leave 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-2020-00851 in Executive Session on 22 October 2020:

Mr., Panel Chair
Ms., Panel Member
Mr., Panel Member

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

Exhibit A:	Application, DD Form 149, dated 10 February 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 27 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 June 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.