RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04876 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her official records be corrected to restore 16 days of lost leave. ________________________________________________________________ APPLICANT CONTENDS THAT: She was on convalescent leave and in rehabilitation for 3 ½ months out of the local area following an intensive surgical procedure. Then, she was on convalescent leave and in rehabilitation until 17 Sep 11, and not permitted to leave the local area due to her medical condition. Immediately after her convalescent leave, she used 30 earned days of leave, but lost 16 days of leave she was unable to use. She had been advised by her Recovery Care Coordinator (member of the Wounded Warrior Program) that her situation would preclude her from losing leave. In support of her appeal, the applicant provides copies of her Duty Limiting Condition Report, DD Form 1610, Request for Authorization for TDY Travel of DoD Personnel, four AF Forms 988, Leave Request and Authorization, and two memos from her doctor. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial, indicating there is no evidence of an error or injustice. The applicant lost 16 days of leave because her extensive convalescent leave and rehabilitation precluded her from taking ordinary leave. She was admitted to the Baptist Medical Group, LLC on 10 Dec 2010 for a procedure to release nerves due to chronic compression neuropathies located in her right lower extremity. She completed rehabilitation on 17 Sep 11. On 21 Sep 11, the applicant was diagnosed with the same medical issue on the left lower extremity. AFI 36-3003, Military Leave Program, paragraph 10.9.8. states a member’s application must clearly establish that an error or injustice by the Air Force has caused the members’ lost leave. Additionally, paragraph 10.9.3., states that hospitalizations, aero-evacuations, quarters, and convalescent leaves are not authorized means for leave restoration. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends her extended convalescent leave for rehabilitation prevented her from taking her accrued leave during the required period and resulted in her losing the leave. After a thorough review of the evidence of record and the applicant’s submission, we believe a preponderance of the evidence supports corrective action. We note the comments of AFPC/DPSIM stating that convalescent leave is not normally an authorized reason for restoring lost leave; however, in view of the fact that her convalescent leave consumed most of the year, and ended in late September just prior to the end of the fiscal year, through no fault of her own, she was clearly not afforded any real opportunity to use her accrued leave before it was taken off the books. Therefore, even though the appropriate procedures were followed in the applicant’s case, we believe the unique circumstances of this render the applicant the victim of an injustice. Therefore, we recommend his records be corrected as indicate below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that sixteen (16) days of leave be restored to her leave account commencing 2 October 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04876 in Executive Session on 14 Jun 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 6 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 24 Jan 12. Panel Chair