RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03621
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 JUNE 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Seven (7) days of leave be restored to his current leave balance.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to reconstructive surgery of his right knee on 12 July 2005 and 61 days
of convalescent leave following the surgery, he was unable to take all
leave accrued prior to fiscal year end leave balancing, resulting in the
loss of 7 days of accrued leave.
In support of his request, applicant submits copies of Individual Sick
Slips recommending he be granted convalescent leave for a period totaling
61 days.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade of
master sergeant.
On 12 July 2005, an Air Force physician recommended applicant be granted 30
days of unit convalescent leave to recover from right knee reconstructive
surgery. An additional 30 days of convalescent leave was requested on
18 August 2005, so that he could rehabilitate at his home of record. On
21 September 2005, an additional day of convalescent leave was requested
for the purpose of obtaining a knee x-ray at a Department of Veterans
Affairs (DVA) Medical Center.
On 16 December 2005, AFPC/DPFFOC advised applicant that while his
application contained recommendations from his physicians for 61 days of
convalescent leave, he needed to provide the AF Form 988, with the
commander’s approval of the leave.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPF recommends the application be denied and states, in part, that
applicant did not provide sufficient evidence to support his claim.
Applicant was requested to provide additional information indicating the
convalescent leave requests were approved by the commander; however, he did
not respond.
The AFPC/DPF evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 10
February 2006, for review and comment, within 30 days. However, 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 error or injustice. After thoroughly reviewing the evidence
of record and noting the applicant’s contentions, we are not persuaded that
seven (7) days of leave should be restored. The Individual Sick Slips, DD
Forms 689, submitted by applicant are noted; however, they do not contain
the signature of the unit commander indicating approval of the requests.
Therefore, based on the evidence before us, we find no basis upon which to
recommend favorable consideration of his request. Should the applicant
provide Individual Sick Slips which were approved by the unit commander, we
would entertain his request for reconsideration at that time.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 Docket Number BC-200-03621 in
Executive Session on 14 March 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I Hassan, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 05, w/atchs.
Exhibit B. Letter, AFPC/DPF, dated 2 Feb 06.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 06.
RICHARD A. PETERSON
Panel Chair
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