RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01517
INDEX CODE: 121.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 NOV 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Twelve (12) days of leave be restored to her leave account as of
2 Oct 07.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She lost twelve days of leave due to critical manning in her unit;
six days each, while stationed at two different assignments.
During this period, her unit experienced prolonged manning
shortages, which required her to work as the Nurse Manager/Element
Chief of the Inpatient OB unit. She was not allowed to take her
earned leave as she was required to work as a clinical nurse (full-
time) as well as the administrative nurse.
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 applicant lost six days of
leave at the end of FY02, and six days of leave at the end of FY03.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended denial,
stating, in part, AFI 36-3003, Military Leave Program, notes para
10.9.7, 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 member 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. On 25 May 07, they requested more supporting documentation
from the applicant; however, she did not respond. Therefore, they
found no compelling evidence suggesting applicant was unable to use
six days of leave throughout FY02 and six days throughout FY03, and
concluded the leave lost was not an error or injustice caused by
the Air Force.
HQ AFPC/DPSO’s complete evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 27 Jul 07 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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. 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. Applicant indicated she was not
allowed to take any leave due to prolonged manning shortages. The
applicant’s record was thoroughly reviewed and there was no
compelling evidence 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-2007-01517 in Executive Session on 30 August 2007, under the
provisions of AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. James L. Sommer, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 May 07.
Exhibit B. Letter, HQ AFPC/DPSO, dated 18 Jul 07.
Exhibit C. Letter, SAF/MRBR, dated 27 Jul 07.
JAY H. JORDAN
Panel Chair
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