RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01567
		COUNSEL: NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Seventeen days of lost leave from Fiscal Year 2013 (FY13) be 
restored.

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APPLICANT CONTENDS THAT:

He was undergoing a Medical Evaluation Board (MEB) and was 
informed by the Hurlburt Field MEB office not to take leave 
during the MEB process.

In accordance with AFI 41-210, Tricare Operations and Patient 
Administration Functions, paragraphs 4.53.4 and 4.53.4.1, he was 
not authorized to take leave unless approved by the Air Force 
Personnel Center (AFPC) and therefore, protected from losing his 
leave. 

His commander, the Military Personnel Section (MPS) 
superintendent, and the Noncommissioned Officer In Charge 
(NCOIC) at the MEB office all agree he is right and protected 
under the AFI.  The MEB office has not had problems with members 
losing leave and is unsure why his case is different. 

In support of his request, the applicant provides a memorandum 
from his commander and an excerpt from AFI 41-210. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 25 Sep 13, the applicant was permanently disability retired 
in the grade of technical sergeant.

The applicant states he lost 17 days of leave in FY 13; 
however, his Master Military Pay Account (MMPA) reflects he 
lost 10 days of leave in FY13. 

AFI 41-201 states that once the service member is notified by 
the Physical Evaluation Board Liaison Officer (PEBLO) that an 
MEB has been directed, the service member will be required to 
be available for Veteran Affairs (VA) appointments, PEBLO 
counseling, and the MEB process.  Military Treatment Facilities 
(MTFs) must develop local processes and procedures with the 
unit commanders regarding the availability of the service 
member in the Integrated Disability Evaluation System (IDES) to 
meet all appointments (i.e., requesting service members not be 
placed on leave outside the local area or Temporary Duty (TDY), 
except for emergencies, notifying the PEBLO when a service 
member cannot make an appointment.  Once the MEB package has 
been sent to the Informal Physical Evaluation Board (IPEB), the 
member may not take leave or go TDY without permission from 
AFPC/DPSIM.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  The applicant did not provide a 
memorandum from the MEB stating that he was unable to take 
leave during the MEB process.   

The applicant was not restricted from taking leave; instead he 
never took the initiative to get his leave approved by the 
appropriate authority.  

The complete DPSIM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Jan 14, for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response.

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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 and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an 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 BC-2013-01567 in 
Executive Session on 11 Feb 14, under the provisions of AFI 36-
2603:

			Panel Chair
			Member
      Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Mar 13, w/atchs.
   Exhibit B.  Applicant’s Available Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIM, dated 2 Oct 13, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.




		
		Panel Chair