RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03179
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 APR 08
___________________________________________________________________
APPLICANT REQUESTS THAT:
Sixteen (16) days of leave be restored to his leave account as of
2 Oct 06.
___________________________________________________________________
APPLICANT CONTENDS THAT:
As a result of being reassigned to another unit, his use of 40 days
of convalescent leave due to two knee surgeries in March and May of
2006, major command inspection, and physical therapy he needed to
be able to return to flying status; he was unable to take leave
until Jul 06.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force, applicant’s Master
Military Pay Account (MMPA) reflects he lost sixteen days of leave
at the end of FY06 (30 Sep 06). He carried forward 60 days of
leave at the beginning of FY06, earned 30 days and used 14 days.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPS reviewed this application and recommended denial,
stating in part, member’s application must clearly establish that
an error or injustice by the Air Force caused the member’s lost
leave. Additionally, AFI 36-3003, para 4, Military Leave Program,
Use of Leave, recommends members be given the opportunity to take
at least one leave period of 14 consecutive days or more each FY
and encourage them to use the 30 days of leave they accrue each
year. After reviewing, the applicant’s case, they found the
applicant had ample time from 1 Oct 05 – 1 Mar 06, and from
5 Jun 06 – 30 Sep 06 to take 16 days use/lose 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 the applicant
on 1 Dec 06 for review and comment within 30 days. 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2006-03179 in Executive Session on 11 January 2007, under the
provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Todd L. Schafer, Member
Ms. Maureen B. Higgins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Oct 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPS, dated 16 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
LAURENCE M. GRONER
Panel Chair
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Applicant’s complete submission is at Exhibit A. They state, in part, member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. Applicant indicated she was allowed to take two weeks of leave, even though the record reflects she did not take the leave.
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