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AF | BCMR | CY1999 | 9802638
Original file (9802638.doc) Auto-classification: Denied

                       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

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