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AF | BCMR | CY1998 | 9800066
Original file (9800066.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 8 - 0 0 0 6 6  
COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REOUESTS THAT: 

Sixteen (16) 'days of leave be reinstated to his leave account. 

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. 

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: 

AFPC/DPSFC  reviewed this application and  recommended denial.  A 
complete copy of the evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
The  applicant  reviewed  the  advisory  opinion  and  furnished  a 
response which is attached at Exhibit E. 

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 probable error or injustice.  We took 
notice  of  the  applicant's  complete  submission  in  judging  the 
merits  of  the  case;  however,  a  majority  of  the  Board  was  not 
convinced that approval of  the requested relief was appropriate. 
While  it  is unfortunate  that  the member  was  unable  to take his 
scheduled  leave,  there  is  always  a  risk  when  it  is  scheduled 
during the last months of  the FY.  We noted his contention that 
his  convalescence  precluded  his  taking  the  scheduled  leave. 
However, convalescent leave is not chargeable and is not a valid 
reason to carry over more than 60 days.  A majority of the Board 
therefore  agreed  with  the  recommendation of  the  Air  Force  and 
adopted the  rationale expressed  as the basis  for their decision 
that the applicant has failed to sustain his burden that he has 
suffered either an error or an injustice.  In view of  the above 
and absent persuasive evidence to the contrary, a majority found 
no compelling basis to recommend granting the relief sought. 

RECOMMENDATION OF THE BOARD: 
A majority  of  the panel  finds insufficient evidence of  error or 
injustice and recommends the application be denied. 

The following members of the Board considered this application in 
Executive  Session  on  2  July  1998, under  the  provisions  of  AFI 
36-2603 : 

Mr. LeRoy T. Baseman, Panel Chair 
Mr. Gregory H. Petkoff, Member 
Mr. Patrick R. Wheeler, Member 

By  a majority vote, the members voted to deny the request.  Mr. 
Wheeler voted to correct the record and did not desire to submit a 
minority  report. 
The  following  documentary  evidence  was 
considered: 

Exhibit A.  DD Form 149, dated 6 Jan 98,with atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C .   Letter, AFPC/DPSFC, dated 21 Jan 98. 
Exhibit D.  Letter, AFBCMR, dated 2 Feb 98. 

LEROY T. BASEMAN 
Panel Chair 

2 

AFBCMR 98-00066 

I 

DEPARTMENT  O F  THE AIR  FORCE 

HEADQUARTERS  AIR  FORCE PERSONNEL CENTER 

RANDOLPH  AIR  FORCE BASE TEXAS 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ AFPCDPSFC 

550 C Street West, Ste 37 
Randolph AFB TX 78 150-4739 

SUBJECT: Application for Correction of Military Records 3 

Requested Action and Basis for Request.  Reinstate 16 days lost at FY97 year-end 

balancing.  Applicant states convalescent leave following heart surgery precluded taking leave. 

Facts and Discussion.  Applicant had 60 days 1 Oct 96, used 14 days, and had 76 days on 

30 Sep 97.  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.  Applicant states he normally takes 10-15 days 
in Aug/Sep to’ accommodate mission requirements during peak periods.  He was unable to take 
leave in Aug - Sep 97 due to surgery on 8 and 22 Jul and convalescent leave, 31 Jul - 1 Uct 97. 
Convalescent leave is not chargeable leave and is not a valid reason to carry over more thsn 60 
days into the next FY.  Title 10 USC 704 requires members to take leave annually as accruing to 
the extent consistent with military requirements.  When members schedule leave during the last 
two months of the FY, they risk losing days if unable to take the leave as planned.  Although, 
applicant was unable to take 16 days as vacation, he received pay and allowances for 63 days 
while on convalescent leave, 3 1 Jul - 1 Oct 97.  In this case, we cannot find the Air Force 
culpable because militmy necessity was not the came for the lost leave. 

Recommendation.  Deny because convalescent leave with full pay and allowances is not a 
valid reason to restore 16 days lost on 1 Oct 97.  If the AFBCMR decides to grant relief, restore 
16 days to current leave accomt. 

//5/6Mdy 

Chief, Commanders’ Programs Branch 

.- .- 
’ I  

! 



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