RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02319

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be paid for 23 days of lost leave.

APPLICANT’S CONTENTIONS

He lost 23 days of annual leave on 1 Oct 18 due to being deployed in support of Operation FREEDOM SENTINEL from 22 Apr 17 - 6 Oct 17, and unable to fully use his annual leave.  A Combat Zone Carryover balance waiver was in place and in effect at the time.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 25 Apr 18, the applicant received the Air Force Achievement Medal with “C” Device for outstanding achievement during the period 23 Apr 17 to 1 Oct 17, while deployed to Afghanistan in support of Operation FREEDOM SENTINEL in support of the Resolute Support Mission.

On 22 Nov 19, the applicant was honorably discharged, having served 7 years, 11 months, and 17 days of active service.     

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

AIR FORCE EVALUATION

AFPC/DP2SSM, recommends denying the applicant’s request for 23 days of combat zone leave be reinstated due to an administrative oversight.  The applicant’s record, specifically his DD Form 214, Certificate of Release or Discharge from Active Duty, does not reflect any sell back of leave or carry over leave balance from his separation in 2019.  He did not provide evidence or documentation to support his claim of 23 days of lost 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 27 Nov 21 for comment (Exhibit D), and the applicant replied on 3 Dec 21.  In his response, the applicant provided several           
documents validating his deployment: a) AF Forms 988, Leave Request/Authorization; b) DD Form 1351-2, Travel Voucher or Subvoucher; c) DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement; d) 21 STS/CC Memo_FY2018 Special Leave Accrual (SLA) Request, dated 25 Sep 20 and e) Special Order TE-0173, issued 4 Apr 17.  

The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP2SSM, recommends granting the applicant’s request for 23 days of combat zone leave be reinstated due to an administrative oversight.  In the applicant’s 3 Dec 21 response, he provided supporting documentation from his command requesting restoration of 23 days lost.  He did make an attempt to rectify this error, once he was aware that the lost leave was not reflected on his DD 214 and once pay was not received.  The applicant visited his local Financial Service Office in an attempt to rectify the oversight; however, due to no longer in an active duty status his only option was to request consideration from the Board.  He did have an open Case Management System case reference number 12163471 opened on his behalf for over 559 days with no resolution.  

The complete advisory opinion is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Jan 22 for comment (Exhibit G), 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 notes the conflicting recommendations; however, the Board concurs with the rationale and recommendation of AFPC/DP2SSM dated 20 Jan 22 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 the Defense Finance and Accounting Service (DFAS) provide compensation for 23 days of lost leave in accordance with AFI 36-3003, Military Leave Program, paragraph 6.10.2.6, limiting the sellback of leave being 60 days in the applicant’s career.  

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-2021-02319 in Executive Session on 21 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 29 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 23 Nov 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Nov 21.
Exhibit E:	Applicant’s response w/atchs, dated 3 Dec 21.
Exhibit F:	Advisory opinion, AFPC/DP2SSM, dated 20 Jan 22.
Exhibit G:	Notification of advisory, SAF/MRBC to applicant, dated 20 Jan 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2021-02319, as required by AFI 36-2603, paragraph 4.11.9.