RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01987
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Reserve Order D-25369 be extended by 30 days to compensate for sick days
she used during her incapacitation.
_________________________________________________________________
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:
The Chief, Military Personnel Division, AFRC/DPM, reviewed this application
and states that if the applicant reimburses her civilian employer for sick
leave paid and changes the sick leave to leave without pay, this would
enable her to collect incapacitation pay.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 7 September 1998, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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. In this respect, we note that
the applicant was denied incapacitation pay because she used sick leave and
thus, could not demonstrate a loss of civilian income. However, if the
applicant reimburses her civilian employer for sick leave paid and changes
the sick leave to leave without pay, she will be able to collect
incapacitation pay. In view of this, and since the applicant is currently
unable to show a loss of civilian income, we find no basis upon which to
recommend favorable consideration of her request. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Walter J. Hosey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPM, dated 24 Aug 98.
Exhibit D. Letter, SAF/MIBR, dated 7 Sep 98.
VAUGHN E. SCHLUNZ
Panel Chair
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