RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03378
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 5 MAY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her 8 days of lost leave for Fiscal Year (FY) 06 be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her surgery was delayed due to mission requirements. She was placed on 34
days of convalescent leave from 22 Aug thru 24 Sep 06. Upon completion of
her convalescent leave, she was only able to use 6 days of ordinary leave
prior to 1 Oct 06.
In support of the application, the applicant submits copies of her leave
slips for the period in question.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of technical
sergeant. According to the information provided by the office of primary
responsibility, the applicant lost 8 days of leave at the end of FY 06.
She carried forward 53 days of leave at the beginning of FY 06. She earned
30 days of leave during FY 06. She used 15 days of leave during FY 06.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO recommends denial. DPSO states AFI 36-3003, Military Leave
Program, note below para 10.9.7, states in part member’s application must
clearly establish that an error or injustice by the Air Force caused the
member’s lost leave. Additionally, para 4.1.4, 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 encourages them to use the 30 days of
leave. DPSO states although the applicant was placed on convalescent leave
from 22 Aug to 24 Sep 06, there is no compelling evidence or supporting
documentation to show that the member was prevented from taking leave
throughout the year (1 Oct 05 – 22 Aug 06)
The complete DPSO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant for
review and comment on 1 Dec 06. As of this date, this office has not
received a response (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 probable error or injustice. We are not persuaded by the
evidence presented that the applicant suffered an injustice. We took
notice of her complete submission; however, it does not override the
opinion and recommendation provided by the Air Force office of primary
responsibility. Therefore, based on the available evidence of record, the
Board majority finds no basis upon which to favorably consider 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 this application in Executive
Session on 18 January 2007, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2006-03378:
Exhibit A. DD Form 149, 25 Oct 06 w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSO, 28 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
MICHAEL K. GALLOGLY
Panel Chair
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