RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03207
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Ten days of leave lost at FY98 year-end balancing be restored to his
current 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:
The Field Activities Division, HQ AFPC/DPSF, reviewed this application
and recommended denial. DPSF stated that although the applicant lost
10 days of leave, he received full pay and allowances while on
convalescent leave for 110 days. DPSF does not support granting
relief because military necessity did not cause the lost leave. A
complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 15
January 1999 for review and response. As of this date, no response
has been received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing all the
evidence, we believe the applicant has been the victim of an
injustice. We noted that the applicant did take leave during the
period he was in school, which was prior to the discovery of his
malignant brain tumor. This action taken by the applicant indicates
that he tried to use his allotted leave before the end of the fiscal
year. However, due to applicant’s unforeseen medical condition, he
was precluded from taking ordinary leave. In view of the above, we do
not believe he should be penalized for the time he was unable to take
leave. We, therefore, recommend that the applicant’s records should
be corrected to show that ten (10) days of leave were restored to his
current leave account.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected by adding ten (10) days of annual
leave to his leave account commencing 2 October 1998.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 1 April 1999, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Philip Sheuerman, Member
Ms. Patricia D. Vestal, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Nov 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letters, HQ AFPC/DPSF, dated 6 Jan 99.
Exhibit D. Letter, SAF/MIBR, dated 15 Jan 99.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-03207
INDEX CODE: 121.03
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected by adding ten (10) days of
annual leave to his leave account commencing 2 October 1998.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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