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AF | BCMR | CY1999 | 9900424
Original file (9900424.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00424
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


____________________________________________________________

APPLICANT REQUESTS THAT:

Six days of lost leave be restored.


____________________________________________________________

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,  Field  Activities  Division,  HQ  AFPC/DPSF,    reviewed   this
application and states that applicant had 50 days  of  leave  on  1  October
1997, and had 66 days on 30 September 1998.  He lost 6  days  because  under
Title 10 USC 701 a member cannot carry more  than  60  days  into  the  next
fiscal year (FY).  Applicant states he was involved in a serious  car  wreck
on 7 August 1998 and was hospitalized until  24  August  1998.   He  was  on
convalescent leave, 25 August - 29 September 1998.   Convalescent  leave  is
not chargeable leave and is not a valid reason to carry over  more  than  60
days into the next FY.  Although the applicant was  unable  to  use  6  days
accrued leave before 1 October 1998, he received  full  pay  and  allowances
during the period of convalescent leave.   Under  Title  10  USC  704(b)(3),
members are to  take  leave  annually  as  accruing,  military  requirements
permitting.  Members who plan  to  take  use  or  lose  days  in  August  or
September risk losing these days on 1 October if they  are  unable  to  take
the planned leave before 1 October  due  to  unforeseen  circumstances.   In
this case, we cannot support granting relief because military necessity  did
not cause the lost leave.  Therefore, they recommend denial  of  applicant’s
request.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  8  March
1999, for review and response 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  Applicant was unable to take  six
days of annual leave in August or September, due to the  fact  that  he  was
involved in  a  car  accident  resulting  in  hospitalization.   He  was  on
convalescent leave from 25 August through 29 September  1998.   In  view  of
the above circumstances and noting  that  applicant  was  incapacitated  for
approximately two months, a majority of the Board believes that six days  of
leave should be added to his current leave balance.  Therefore,  a  majority
of the Board recommends the applicant's records be corrected to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that six (6) days of leave  be  added  to
his current leave balance.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 May 1999, under the provisions of AFI 36-2603:

            Mr. Douglas J. Heady, Panel Chair
            Dr. Gerald B. Kauvar, Member
            Ms. Peggy E. Gordon, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Heady voted to deny  the  request  but  did  not  desire  to  submit  a
minority report.  The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 10 February 1999, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPSF, dated 23 February 1999.
      Exhibit D.  Letter, SAF/MIBR, dated 8 March 1999.





               DOUGLAS J. HEADY
               Panel Chair


AFBCMR 99-00424



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 xxxxxxxxxxx, be corrected to show that six (6) days of leave be
added to his current leave balance.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



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