DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AF'BCMR 97-03509
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A
Stat 116), it is directed that:
nt of the Air Force relating to
corrected by adding six (6) days of annual
7.
Air Force Review Boards Agency
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-03509
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Six (6) days of leave lost at FY97 year-end balancing be
restored.
APPLICANT CONTENDS THAT:
Early childbirth on 6 September and convalescent leave precluded
her from taking planned leave.
In support of her request, the applicant submits a copy of her
Leave and Earnings Statement (LES) (Exhibit A).
STATEMENT OF FACTS:
~~~~~
~
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
HQ AFPC/DPSFC reviewed
The Chief, Commanders' Programs Branch,
DPSFC stated that the
this application and recommended denial.
used 24 days, and had 66
applicant had 60 days on 1 October 1996,
days on 1 October 1997
days on 30 September 1997. She lost 6
because members cannot carry over more than 60 days into the next
fiscal year. DPSFC stated that the applicant gambled there would
not be circumstances (early childbirth) to prevent her from
taking leave in September. Although unable to take 6 days of
annual leave in September, DPSFC indicated that the applicant
received full financial benefits while on convalescent leave, a
nonchargeable leave status.
DPSFC cannot find the Air Force
culpable since military necessity did not preclude applicant from
taking leave (Exhibit C).
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
22 December 1997 for review and response. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable injustice. It was noted
that the applicant intended to use the leave prior to
15 September 1997; however, due to the early birth of her son,
she was unable to take the scheduled leave. Inasmuch as the
applicant was not able to use her leave due to circumstances
beyond her control, the Board majority does not believe she
should be penalized for it. In view of the foregoing, the Board
majority believes it would be unjust for the applicant to lose
the cited leave. The Board majority therefore recommends that
the applicant's records be corrected to show that six (6) days of
leave were restored to her current leave account.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected by adding six (6) days of
annual leave to her leave account commencing 2 October 1997.
The following members of the Board considered this application in
Executive Session on 19 March 1998, under the provisions of AFI
36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Gregory H. Petkoff, Member
Mr. Robert W. Zook, Member
By a majority vote, the Board recommended granting the relief
Mr. Zook voted to deny the
sought in this application.
applicant's request but did not desire to submit a minority
report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Nov 97, w/atch.
Exhibit B. Applicant's Master Personnel Records.
2
97-03509
E x h i b i t C .
E x h i b i t D.
c
L e t t e r , HQ AFPC/DPSFC, dated 1 6 Dec 9 7 .
L e t t e r , SAF/MIBR, dated 22 Dec 9 7 .
BARBARA A. WEST GAT^\
Panel C h a i r
J
3
97- 03509
DEPARTMENT O F T H E AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
,
-
550 C Skeet West, Ste 37
Randolph AFB TX 781504739
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCAIPSFC
t
F
SUBJECT: Application for Correction of Military Records
Requested Action and Basis for Request. Restore 6 days lost at FY97 yearend
balancing. Applicant states that early childbirth prevented taking planned leave.
Facts and Discussion, Applicant had 60 days on 1 Oct 96, used 24 days, and had 66 days
, on 30 Sep 97. She iost 6 days on 1 Oct 97 because members cannot carry over more h 60
days into the next FY (10 U.S.C. 701(b)). Applicant states she planned to take 6 days’ feave
immediately before her due date to prepare for the baby’s arrival on 15 Sep. She states early
childbirth on 6 Sep and convalescent leave precluded taking leave. However, these are not valid
reasons to car& over leave in excess of 60 days. Under 10 U.S.C. 704(b)(3), members are to
take leave as accruing to the extent consistent with military requirements. Members, however;
often accumulate the maximum 60 days allowed and take only the 30 days accrued during the
current FY. When they do so, they risk losing days if unable to take leave in Sep due to
doreseen circumstances. The applicant gambled there would not be circumstances (early
childbirth) to prevent her fiom taking leave in Sep. Although unable to take 6 days of annual
Ieave in Sep, applicant received fidl financial benefits while on convalescent leave, a non-
chargeable leave status. In this case, we cannot find the Air Force culpable since military
necessity did not preclude applicant &om taking leave.
Recommendation. Deny. If AFBCMR decides to grant relief, restore 6 days to current
leave account.
WhAIAM F. NADOLSRI, Major, USAF
Chief,Commanders’ Programs Branch
CC:
SAFMBR
APPLICANT CONTENDS THAT: The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A. RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. He lost 16 days on 1 Oct because Title 10 USC 701 precludes members f?om carrying over more than 60 days into the next FY.
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