ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03436
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In lieu of being paid for eight and one half (8.5) days of leave she would
rather the eight and one half days of leave be used to extend her date of
separation (DOS) by eight and one half days from 2 May 2003 to 10 May 2003.
_________________________________________________________________
STATEMENT OF FACTS
On 13 January 2005, the applicant's original request to have up to 29 days
of leave reinstated to her leave account was partially granted in that the
Board extended her Date of Separation from 12 April 2003 to 2 May 2003.
For an accounting of the facts and circumstances surrounding the
applicant’s request, and, the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit F.
On 31 January 2005, the applicant submitted a request for reconsideration
wherein she asked the Board to grant up to 18 days of additional leave that
the Board had denied on 31 July 2003. For an accounting of the facts and
circumstances surrounding the applicant’s request, and, the rationale of
the earlier decision by the Board, see the Record of Proceedings at Exhibit
G.
In early February 2006, the applicant submitted an application asking that
the Board reconsider her request and restore eight and one half days of
leave that DFAS had paid her for (Exhibit I). The request was sent to DFAS
for an advisory opinion. DFAS provided only what would happen should her
leave not be sold but be used instead to extend her DOS (Exhibit J).
Applicant responded to the advisory and agreed with the DFAS findings. She
reiterated her request to have the eight and one half days of leave used to
extend her DOS (Exhibit K).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided in support
of her appeal, we are unpersuaded the applicant should be granted an
extension of her DOS. The fact DFAS automatically pays out any leave left
on the books at DOS is not an error or injustice. Therefore, we can find
no evidence of error or injustice in how she was remunerated for the days
DFAS paid her for as it appears the system worked the way it was supposed
to. The fact she was injured one day after her DOS is not reason to extend
her DOS. Unless we are presented with an error or injustice supported by
new evidence not available at the time she first applied, she is not
entitled to any more than the extension of her DOS originally granted her.
In this case, we do not find the additional evidence she provided to be of
such significance as to cause us to consider granting her request to use
leave DFAS paid her for over and above that previously granted.
Accordingly, the applicant’s request is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; 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 27 September 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Jan Mulligan, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 25 Jan 05,
with exhibits A through E.
Exhibit G. Record of Proceedings, dated 7 Sep 05,
with exhibit H.
Exhibit I. Applicant’s Letter, undated, w/atch.
Exhibit J. DFAS-POCC/DE, Letter, dated 25 May 06, w/atch.
Exhibit K. Applicant’s Letter, dated 28 Jun 06.
RICHARD A. PETERSON
Panel Chair
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