RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04638
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 12 days of lost leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force did not afford him ample opportunity to use the
leave. His commander provides a letter that supports his request
due to an emergency medical condition which precluded him from
taking scheduled leave prior to the end of the fiscal year. He
filled in for the Air Terminal Manager from April 2011 until
August 2011 due to a deployment and was not allowed to take leave
until August and September 2011; however, the same day he started
his leave he had an accident and was subsequently put on
convalescent leave. The leave put him beyond the end of the
fiscal year, which did not allow him to use the leave.
In support of his request, the applicant provides a copy of his
commanders support letter, a copy of letter to the 52 FW/FSS,
copies of his AF Form 988, Leave Authorization Request, an
excerpt from AFI 36-3003, Military Leave Program, a copy of his
AF Form 330, Records Transmittal Request, and an e-mail
communication.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant (E-7).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The governing instruction states
in part that the members application must clearly establish that
an error or injustice by the Air Force caused the members lost
leave. Additionally, it states in part that hospitalizations,
aero-evacuations, quarters, and convalescent leaves are not
authorized means for leave restoration.
The complete 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 24 Jan 12 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 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 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 AFBCMR Docket
Number BC-2011-04638 in Executive Session on 7 Jun 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 9 Jan 12.
Exhibit C. Letter, SAF/MRBR, dated 24 Jan 12.
Panel Chair
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