RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02491

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

His use or lose leave be reinstated.

APPLICANT’S CONTENTIONS

He deployed to XXXXX from Jul 18 to Jun 19.  He returned from Rest and Recuperation (R&R) leave in Jul 19 and due to his new position as the Air Force Global Strike Command Inspector General he was unable to use his use or lose leave in Aug 19 and Sep 19.  In this regard, he was on temporary duty (TDY) conducting two compliance inspections, which precluded him from using his leave.  

In support of his appeal, the applicant provides an unsigned Travel Voucher and Defense Travel System (DTS) receipt pertaining to his deployment.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force colonel (O-6).

According to a Report on Individual Personnel (RIP), the applicant was assigned as the XXX Air Expeditionary Group Commander (AEG/CC) at XXXXX, XXXX with an effective duty date of 11 Jul 18.  The RIP also shows that he started his follow-on assignment as the Inspector General on 1 Jul 19.

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

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code (U.S.C.), 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.

A military member may not carry forward a leave balance of more than 60 days into a new fiscal year, except when entitled to special leave accrual (SLA).  SLA is authorized for members who have deployed in support of contingency operations for 120 continuous days or assigned to locations approved as "qualifying duty" by the Secretary of the Air Force and are faced with circumstances that prohibit them from taking leave.  The situation preventing a member from using leave must have been caused by a catastrophe, national emergency and/or crisis, or operations in defense of national security.  SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days as a result of a member’s failure to properly manage their leave balance.

SLA is not authorized when the following precludes members from using leave:

•	Normal permanent change of station moves or temporary duty assignments 
•	Base closures 
•	Hospitalizations, aeromedical evacuations, quarters, and convalescent leaves 
•	Details and special working groups 
•	Training exercises, attending schools or courses, and research requirements 
•	Pending separations and retirements 
•	Workload after return from deployment and members did not take leave before 1 Oct 
•	Post-Deployment Recovery Time 
•	Post deployment/mobilization respite absence

Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Record, to the Air Force Board 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 denying the application.  There is no evidence of an error or injustice as the applicant has not provided contingency orders or the amount of days lost with this request.  Additionally, there is no record the applicant submitted a Case Management System (CMS) request with supporting documentation to have his use or lose leave reinstated.

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 1 Sep 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 not 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 does not substantiate the applicant’s contentions.  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-2021-02491 in Executive Session on 10 Nov 21:

, AFBCMR
, 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 23 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, w/atchs, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Sep 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.