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AF | BCMR | CY2007 | BC-2006-03393
Original file (BC-2006-03393.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03393
            INDEX CODE:  121.03

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  11 MAY 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

Thirty (30) days of leave be restored to her leave  account  as  of
2 Oct 06.

___________________________________________________________________

APPLICANT CONTENDS THAT:

From 2000 thru 2005, she was unable to take leave due to a surgical
residency at Wilford Hall.  Since, 2005, she has been involved in a
plastic surgery fellowship which should be finished in 2007.   Over
the last six years, these requirements have not allowed her time to
take her entitled/allotted leave.  She indicates that 2-weeks  were
allowed in 2006.

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 she lost thirty days of  leave
at the end of FY06 (30 Sep 06).  She carried  forward  60  days  of
leave at the beginning of FY06, earned 30 days and did not use  any
leave during FY06.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPS reviewed this  application  and  recommended  restoring
16 days of leave.  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.  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.

Applicant states she could not take leave while attending  the  Air
Force Institute of Technology (AFIT).   She  also  states  she  was
allowed two weeks vacation in 2006.  The system shows applicant did
not use any  leave  in  FY06.   Since  the  applicant  was  allowed
2 weeks, the leave should have been used.

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.  The applicant requests 30 days of leave be restored  to  her
current  leave  balance.   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  encourages  them  to  use  the  30  days  of  leave.
Additionally,  para  10.9.5,  states  members  are  ineligible  for
Special Leave Accrual  (SLA)  when  training  exercises,  attending
schools or courses, and research requirements precludes  using  the
leave.  Applicant indicated she was allowed to take  two  weeks  of
leave, even though the record reflects she did not take the  leave.
The Board noted the recommendation by the Air Force;  however,  the
applicant’s record was thoroughly reviewed and there was nothing in
the record  which  convinced  us  that  she  was  not  afforded  an
opportunity to take her earned leave.  Should the applicant provide
documentation to substantiate her claim, we  would  be  willing  to
reconsider her request. Therefore, we conclude  the  applicant  has
not been the victim of an error or injustice and find no  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-2006-03393  in  Executive  Session  on  11  January   2007   and
1 February 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 28 Oct 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSO, dated 20 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.




                                   LAURENCE M. GRONER
                                   Panel Chair

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