RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01969

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Seventeen (17) days of leave be restored to his current leave account.

APPLICANT’S CONTENTIONS

The applicant was deployed on a no-notice deployment from 26 January 2019 to 12 July 2019.  Upon returning from deployment, the applicant took 12 days of leave from 28 August 2019 to 8 September 2019.  Due to being tasked on a no-notice deployment the applicant did not foresee not being able to use his leave.   Further, his workload interfered with using his leave in a timely manner.  He was also informed that he would be eligible to apply for SLA and carry over any lost days.

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

STATEMENT OF FACTS

The applicant is a currently serving Air Force technical sergeant (E-6).

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 (AFI) 36-3003, Military Leave Program and Military Leave Program Personnel Services Delivery Guide (PSDG).  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 partially granting the application.  They recommend providing the applicant with 3 days of leave.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  The applicant took 14 days of non-mandatory R&R after returning from a deployment when he could have taken normal 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 6 August 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 finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes that AFPC/DP2SSM recommends partially approving the applicant’s request; however, the applicant has provided a letter of support from his commander indicating that he was unable to take leave due to deployment, which is sufficient to justify granting the applicant’s request.  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 that seventeen (17) 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-2020-01969 in Executive Session on 26 August 2020: 
 
, 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 1 June 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 30 July 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 August 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.