RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03296

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Sixteen days of lost leave during FY19 be restored to current leave account.

APPLICANT’S CONTENTIONS

In FY 19, he received a short notice deployment from 23 Jul 19 thru 6 Oct 19 and was unable to take enough leave prior to deployment due to pre-deployment temporary duty training 30 Apr 19 thru 2 May 19; 13 May 19 thru 18 May 19; and 17 Jun 19 thru 19 Jun 19.  His planned leave during the deployment was also canceled.  In addition, heavy mission requirements and leadership transitions only allowed for limited leave, as he was required to fill positions throughout the spring and summer. In one instance, his leave was canceled to provide coverage 17 Jun 19 thru 19 Jun 19 due to the commander’s change of plans.  Short-notice deployment, travel for deployment training, mission requirements from time of notification until deployment, canceled leave due to deployment and canceled leave to cover leadership positions all led to his inability to take leave resulting in 16 days lost leave.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force colonel (0-6).

DD Form 1610, Request and Authorization for TDY Travel of DOD Personnel, provided by the applicant, shows he was to proceed on 26 Jul 19 for approximately 74 days.

Defense Travel System summary, provided by the applicant shows per diem and reimbursable expenses from 26 Jul 19 thru 17 Oct 19.  

On 25 Oct 19 and 20 Dec 19, according to a leave history report provided by the applicant, the applicant lost a total of 16.5 days of accrued leave.

A memo provided by the applicant, dated 9 Jun 20, shows the Wing’s Vice Commander concurrence with the request to restore leave to applicant’s leave account.  

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 tried to manage their leave but when they were tasked with an unanticipated deployment and TDY they were unable to exhaust their 16 days of lost leave before the end of the FY19.  The member performing mission essential duties outside of their control.

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 25 Feb 21 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 sixteen (16) 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-2020-03296 in Executive Session on 26 Mar 21:

, 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 23 Sep 20.
Exhibit B:	Advisory opinion, AFPC/DP2SSM, dated 23 Feb 21.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 25 Feb 21.

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.