RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02638
INDEX NUMBER: 121.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears that applicant is requesting that 17 days of lost leave be
restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant presented no contentions.
In support of his appeal, he provided a statement from the Chief of
the Surgery Clinic indicating he (applicant) had been under the care
of Wilford Hall Medical during the period 16 July - 26 August 1998,
and on convalescent leave until 25 September 1998. (Exhibit A)
___________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) reflects
applicant’s Total Active Federal Military Service Date (TAFMSD) as
29 April 1983. He is currently serving on active duty in the grade of
staff sergeant.
Information provided by the office of primary responsibility (OPR)
indicates that applicant had 54 days of leave on 1 October 1997, he
used 7 days, and had 77 days on 30 September 1998. He lost 17 days at
the FY98 year-end balancing. Information provided by the applicant
indicates he was under medical care from 16 July to 26 August 1998,
and on convalescent leave until 25 September 1998.
___________________________________________________________________
AIR FORCE EVALUATION:
The Commanders’ Program Branch, AFPC/DPSFC, reviewed this application
and recommended denial.
DPSFC stated applicant lost 17 days of leave because Title 10, United
States Code, Section 701, precludes members from carrying over more
than 60 days of leave into the next fiscal year (FY). Convalescent
leave is not chargeable leave and is not a valid reason to carry over
more than 60 days into the next FY. Although applicant was unable to
take 17 days as vacation or rest from duty and lost these days on 1
October (1998), he did receive pay and allowances while on 30 days
convalescent leave. In this case, DPSFC could not find the Air Force
culpable because military necessity was not the cause for the lost
leave.
The complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 October 1998 for review and comment within 30 days. 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. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we do not find these documents sufficiently persuasive to
override the rationale expressed by the office of primary
responsibility. Members are encouraged to use their accrued leave
throughout the fiscal year to preclude losing it at the end of the
fiscal year due to mission requirements or unforeseen circumstances.
Although the applicant’s medical care and convalescent leave precluded
him from taking leave near the end of the fiscal year, we found no
evidence that he attempted to use his accrued leave earlier in the
year or that he requested and was denied leave earlier in the year due
to mission requirements. 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 14 January 1999, under the provisions of AFI 36-
2603:
Ms. Martha Maust, Panel Chair
Ms. Ann L. Heidig, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 98, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFC, dated 8 Oct 98.
Exhibit D. Letter, SAF/MIBR, dated 19 Oct 98.
MARTHA MAUST
Panel Chair
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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