RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00551
INDEX CODE: 121.03
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Thirteen-and-one-half days of leave that he lost at the end of Fiscal Year
2007 (FY07) be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take thirteen-and-one-half days of use or lose leave due
to the Permanent Change of Station (PCS) of his two squadron commanders,
the transformation of the entire 78th Civil Engineer Group (CEG) from a
civilian/military workforce to a total civilian workforce, and convalescent
leave he took after two major surgeries.
In support of his appeal, he has provided copies of a personal statement, a
letter from the 78th Air Base Wing/CC supporting the leave restoration, and
two Convalescent Leave Authorization forms
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was serving as the 78th CEG/CC and carried forward 59 days of
ordinary leave at the beginning of FY07. During FY07, he earned 30 days of
ordinary leave while using only 16 days, resulting in a loss of 13 days of
ordinary leave at the end of FY07.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial of the relief sought. The applicant was on
convalescent leave from 8 January 2007 – 26 February 2007, and again from 6
March 2007 – 13 April 2007, due to surgery. He used 8 days of ordinary
leave during July 2007, and took no ordinary leave during the months of
May, June, August, or September 2007. While he states he was prevented
from taking leave due to a civilian/military workforce transformation, he
offers no explanation as to how that specifically contributed to his
inability to take 13 days of ordinary leave over a 4-month span. Air Force
Instruction 36-3003, Military Leave Program, states, in part, that a
member’s application must clearly establish an error or injustice by the
Air Force caused a member to lose leave, and there is no error or injustice
caused by the Air Force to support the applicant’s request.
The AFPC/DPSIMC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 11
April 2008, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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; 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 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-2008-00551
in Executive Session on 3 June 2008, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 08, w/atchs.
Exhibit B. Letter, AFPC/DPSIMC, undated, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.
KATHLEEN F. GRAHAM
Panel Chair
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