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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