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
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