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AF | BCMR | CY2008 | BC-2008-00337
Original file (BC-2008-00337.doc) Auto-classification: Denied

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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