RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00059

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His 22.5 days of leave lost in Fiscal Year (FY) 2013 be restored.

APPLICANT’S CONTENTIONS

He was deployed for 144 consecutive days during FY13 beginning 27 May 13 to 18 Oct 13 in support of a contingency operation.  He applied for Special Leave Accrual (SLA) via the Case Management System for this period but at the time did not have the supporting documentation for the application and was denied.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

According to documentation submitted by the applicant, on 23 May 13, he was issued Contingency Exercise and Development (CED) orders to XXXX proceeding on or about 28 May 13.

According to documentation submitted by the applicant, on 5 Dec 17, the applicant received a paid travel voucher for the XXXX deployment.

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.  The documentation provided by the applicant and analysis of the facts show there is evidence of an error or injustice.  The applicant’s request was originally denied due to lack of documentation; which now he has provided.  The applicant’s record shows that he was entitled to the leave lost until after the FY ended.  The applicant’s 22 days of lost leave should be restored and in accordance with 36-3003, Military Leave Program, paragraph 6.1.9 the leave must be used by the end of the current fiscal year. 

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 29 Apr 21 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 the APPLICANT be corrected to show twenty two and a half days (22.5) days of leave be restored to his leave balance for Fiscal Year 2022.

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-2021-00059 in Executive Session on 15 Jun 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 4 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 21 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 Apr 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.