RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01886 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 15 days of lost leave be restored. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to take leave due to being on convalescent leave and personal reasons. He understood the 33d Fighter Wing, Director of Staff, Eglin Air Force Base (AFB), FL, approved the restoration of his 15 days of lost leave. He continuously inquired with the Director of Personnel and was told the issue was being worked with the 96th Force Support Squadron (FSS) and 96th Comptroller Squadron (CPTS). He was advised in Mar 2013 that his request was denied because convalescent leave was not a reason for restoring lost leave. In support of his request, the applicant provides a personal statement, Special Leave Accrual (SLA) letter endorsed by his Director of Staff, AF Forms 988, Leave Request/Authorization; quarters authorization and medical information. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of Master Sergeant (MSgt). According to the applicant’s Master Military Pay Account statement dated 12 Dec 2012, he lost 15 days of leave in FY12. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. In Accordance With (IAW) Air Force Instruction 36-3003, Military Leave Program, members are ineligible for SLA when hospitalizations, aeromedical evacuations, quarters and convalescent leave prevents a member from using leave. Members can request recovery of lost leave days by submitting to the Board. Requests must clearly establish that an error or injustice caused by the Air Force prevented the member from using the lost leave. In the applicant’s case, there is no evidence of an error or injustice and the issues were caused by personal and medical reasons. 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 9 Feb 2014 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 an 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that 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 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 AFBCMR Docket Number BC-2013-01886 in Executive Session on 13 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documents were considered: Exhibit A. DD Form 149, dated 30 Apr 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 22 Jan 2014. Exhibit C. Letter, SAF/MRBR, dated 9 Feb 2014. Panel Chair