RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-01333
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

25.5 days of leave be restored and she receive payment for those 
days.

________________________________________________________________

APPLICANT CONTENDS THAT:

During the period of 5 Dec 2009 through 26 Apr 2011, she was on 
convalescence leave to recover from a periacetabular osteotomy 
hip reconstructive surgery.  She was immobile for 4 months, in a 
wheelchair for 12 months and a walker for the remaining time.  
She also required intense physical therapy.

Her doctor placed her on convalescence leave through the start 
date of her terminal leave.  During this period she was unable 
to take time off for leisure time.

In support of her request, the applicant provides copies of her 
AF IMTs 988, Leave Request/Authorization; leave transaction 
documents and a memorandum from the commandant of the 
Noncommissioned Officer Academy.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to Special Order number ACD-01975, dated 21 Apr 2011, 
the applicant retired in the grade of master sergeant (MSgt, E-
7), from the Regular Air Force by reason of “Permanent 
Disability,” with a disability compensable percentage of 
30 percent.

Her retirement was effective 28 Jul 2011.  She served a total of 
20 years, 7 months and 21 days. 



The remaining relevant facts pertaining to this application, 
extracted from the applicant's available military records, are 
contained in the letter prepared by the appropriate office of 
the Air Force Office of Primary Responsibility (OPR). 

________________________________________________________________

AIR FORCE EVALUATION:
 
HQ AFPC/DPSIM recommends denial.  DPSIM states in accordance 
with AFI 36-3003, Military Leave Program, states in part a 
“member's application must clearly establish that an error or 
injustice by the Air Force caused the member's lost leave.”  
Additionally, AFI 36-3003, para 10.9.3, states, in part that 
hospitalizations, aero-evacuations, quarters, and convalescent 
leaves are not authorized means for leave restoration.  

The complete DPSIM evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 May 2012, for review and comment within 30 days 
(Exhibit C).  As of this date, this office has not received a 
response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 4 Oct 2012, under the provisions of AFI 
36-2603:

	, Panel Chair
      , Member
	, Member

The following documentary evidence was considered in AFBCMR BC-
2012-01333:

    Exhibit A.  DD Form 149, dated 12 Apr 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIM, dated 24 Apr 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 2012.




                                   
                                   Panel Chair

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