RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03927
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her 45 days of erroneously charged leave be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
She had no other action to take in reference to her spouses
medical condition.
In support of her request, the applicant provides a statement
from the Director of Manpower and Personnel, a doctors note,
and copies of her husbands medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 February 2012 in
the rank/grade of Senior Master Sergeant/E-8.
The remaining relevant facts pertaining to this application are
contained in the advisory opinion from the Air Force office of
primary responsibility at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends approval. AFI 36-3003, Military Leave
Program, explains accompanying a dependent patient to a
designated Military Treatment Facility not in the local area
when the medical authority deems it essential, request would be
sent to DPSIM for additional days exceeding 20 days of leave.
The applicant provided supporting documentation from the local
MTF showing she was needed to take care of her spouse,
therefore, permissive temporary duty would have been granted.
The DPSIM 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 16 December 2011, for review and comment within
30 days (Exhibit C). As of this date, this office has received
no response.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Boards request, AFPC/DPSIM provided an
additional advisory and recommends partial approval of the
applicants request. DPSIM recommends relief for 6 days only as
the 45 days the applicant requests has already been reinstated.
The applicants leave record shows the members leave balance at
the beginning of FY12 was 30 days. She also earned 10 days of
leave. Since the 45 days of leave were reinstated, that brought
her leave balance to 85 days.
The applicant used 46 days of regular leave and 3 days of
terminal leave. The applicant sold back 30 days. That was a
total of 79 days. Had the leave not been restored, the
applicant would not have been able to keep a positive leave
balance.
The additional DPSIM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
The applicant submitted copies of her Leave and Earnings
Statement showing her leave balance was 63 days. As of
31 October her 45 days had not been deducted from her leave
balance. She then notified her unit the leave had not been
deducted. She was on convalescent leave from 2 November 2011
through 4 January 2012. The advisory states she took 3 days of
terminal leave and sold back 30 days of leave which is accurate.
There is no way she could have taken 46 days of regular leave
during FY12.
The applicants complete response, with attachments, is at
Exhibit F.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
reviewing the evidence of record, we are persuaded that the
applicant should not have been charged regular leave while
accompanying her husband to the Military Treatment Facility and
should have been placed in a non-chargeable leave status. We
note AFPC/DPSIMs amended recommendation; however, we do not
find the evidence supports the applicant used her leave during
Fiscal Year 2012 as stated by the OPR. . As such, we recommend
the applicants records be corrected to the extent indicated
below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that from
14 June through 13 July 2011, she was placed in Type T,
permissive temporary duty non-chargeable leave status and from
14 July through 29 July 2011 she was placed in Type A, regular
leave chargeable leave status and that she be paid any amount
due as a result of this change.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03927 in Executive Session on 17 April 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 23 Nov 11.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11.
Exhibit D. Letter, AFPC/DPSIM, dated 13 Mar 12.
Exhibit E. Letter, SAF/MRBC, dated 27 Mar 12.
Exhibit F. Applicants Response, dated 8 Apr 12, w/atchs.
Panel Chair
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