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AF | BCMR | CY2011 | BC-2011-03927
Original file (BC-2011-03927.txt) Auto-classification: Approved
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 spouse’s 
medical condition. 

 

In support of her request, the applicant provides a statement 
from the Director of Manpower and Personnel, a doctor’s note, 
and copies of her husband’s medical records. 

 

The applicant’s 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 Board’s request, AFPC/DPSIM provided an 
additional advisory and recommends partial approval of the 
applicant’s request. DPSIM recommends relief for 6 days only as 
the 45 days the applicant requests has already been reinstated. 
The applicant’s 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 applicant’s 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/DPSIM’s 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 applicant’s 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. Applicant’s Response, dated 8 Apr 12, w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 



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