RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00337
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Leave in the amount of 74 days be restored to his account.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was hurt in Iraq and has traveled from one hospital to another. He has
been on convalescent leave for nearly two years and is presently awaiting a
medical evaluation board (MEB) for a medical retirement. He needs this
leave for terminal leave. Several tours in the desert and his job as
superintendent has prohibited him from taking leave. He feels it is an
injustice for him to lose any accrued leave beyond 60 days.
In support of his application, applicant provides a copy of his Leave and
Earning Statement
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on active duty in the grade of senior master
sergeant.
The applicant’s fiscal year 2007 (FY07) pay file reflects 74 days of leave
carried over due to time served in a combat zone that will expire on 30
September 2008. AFPC/DPF requested additional documentation from the
applicant that would support his contention that he spent two years on
convalescent leave and his inability to take leave; however, the applicant
did not provide the requested documentation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial and states that the applicant did not provide
sufficient evidence to support his request. AFI 36-3003, Military Leave
Program states in part that a member’s application must clearly establish
that an error or injustice by the Air Force caused the member’s lost leave.
DPSIMC notes if the member is approved for a MEB and is subsequently found
unfit, he will be able to sell 60 days of leave upon retirement from the
Air Force.
AFPC/DPSIMC’s complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7
March 2008 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 an 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 probable 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-2008-00337
in Executive Session on 7 May 2008, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Ms. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 07, w/atchs.
Exhibit B. Letter, AFPC/DPSIMC, dated 13 Feb 08, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 7 Mar 08.
THOMAS S. MARKIEWICZ
Chair
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