RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00080

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Eleven (11) days of leave lost in Fiscal Year 2017 and 3 days of lost leave in Fiscal Year 2019 be restored to his leave account. 

APPLICANT’S CONTENTIONS

He received a short notice tasking for a 2017 deployment.  He consulted with the commander’s support staff about his potential to lose leave.  He was informed that he would be able to keep up to as many days of leave as he earned while deployed.  After he lost 11 days of leave, he found out the process to return lost leave was not automatic.  He applied for Special Leave Accrual (SLA) and was denied at the wing level.  Additionally, he was tasked for a deployment in 2019 that was extended past the fiscal year causing him to lose 3 days of leave.  He requests the 14 days of lost leave be restored to his leave account.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force colonel (O-6).

According to documentation submitted by the applicant, on 31 Mar 17, he was issued Contingency, Exercise, and Deployment (CED) orders to XXXX proceeding on or about 1 Apr 17.

According to documentation submitted by the applicant, on 3 Apr 19, he was issued CED orders to XXXX for 135 days, proceeding on or about 15 Apr 19.

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-3003, Military Leave Program, paragraph 6.1.2. (SLA eligibility) states a member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to SLA, as outlined below:
 
A member who serves on active duty while entitled to hostile fire/imminent danger pay (HFP/IDP) for a continuous period of at least 120 days is authorized to retain such leave (not to exceed 120 days) until the end of the third fiscal year following the fiscal year in which SLA was lost. 

The situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security. 

Members assigned to a non-HFP and/or non-IDP area in support of a contingency operation who are on CED orders (and in rare cases, 1610 orders) are authorized to retain such leave up to 120 days until the end of the second fiscal year following the fiscal year in which SLA was lost.

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.

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.

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 not the victim of an error or injustice.  The Board took notice of the applicant’s complete submission in judging the merits of the case, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the evidence indicates the applicant did not qualify for SLA; nevertheless, as noted above, members not eligible for SLA may request restoration of lost days by submitting an application to the Board.  However, the applicant’s submission did not include the required documentation for the Board to consider a favorable recommendation. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-00080 in Executive Session on 27 May 21:

, 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 3 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.