RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04876
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her official records be corrected to restore 16 days of lost
leave.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was on convalescent leave and in rehabilitation for
3 ½ months out of the local area following an intensive surgical
procedure. Then, she was on convalescent leave and in
rehabilitation until 17 Sep 11, and not permitted to leave the
local area due to her medical condition. Immediately after her
convalescent leave, she used 30 earned days of leave, but lost
16 days of leave she was unable to use. She had been advised by
her Recovery Care Coordinator (member of the Wounded Warrior
Program) that her situation would preclude her from losing
leave.
In support of her appeal, the applicant provides copies of her
Duty Limiting Condition Report, DD Form 1610, Request for
Authorization for TDY Travel of DoD Personnel, four
AF Forms 988, Leave Request and Authorization, and two memos
from her doctor.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of responsibility
which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating there is no evidence of
an error or injustice. The applicant lost 16 days of leave
because her extensive convalescent leave and rehabilitation
precluded her from taking ordinary leave. She was admitted to
the Baptist Medical Group, LLC on 10 Dec 2010 for a procedure to
release nerves due to chronic compression neuropathies located
in her right lower extremity. She completed rehabilitation on
17 Sep 11. On 21 Sep 11, the applicant was diagnosed with the
same medical issue on the left lower extremity.
AFI 36-3003, Military Leave Program, paragraph 10.9.8. states a
members application must clearly establish that an error or
injustice by the Air Force has caused the members lost leave.
Additionally, paragraph 10.9.3., states that hospitalizations,
aero-evacuations, quarters, and convalescent leaves are not
authorized means for leave restoration.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
________________________________________________________________
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, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 an error or injustice. The
applicant contends her extended convalescent leave for
rehabilitation prevented her from taking her accrued leave
during the required period and resulted in her losing the leave.
After a thorough review of the evidence of record and the
applicants submission, we believe a preponderance of the
evidence supports corrective action. We note the comments of
AFPC/DPSIM stating that convalescent leave is not normally an
authorized reason for restoring lost leave; however, in view of
the fact that her convalescent leave consumed most of the year,
and ended in late September just prior to the end of the fiscal
year, through no fault of her own, she was clearly not afforded
any real opportunity to use her accrued leave before it was
taken off the books. Therefore, even though the appropriate
procedures were followed in the applicants case, we believe the
unique circumstances of this render the applicant the victim of
an injustice. Therefore, we recommend his records be corrected
as indicate below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that
sixteen (16) days of leave be restored to her leave account
commencing 2 October 2012.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04876 in Executive Session on 14 Jun 12, 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 29 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 6 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 12.
Panel Chair
AF | BCMR | CY2012 | BC-2012-01730
She was profiled [sic] from taking leave while undergoing the Medical Evaluation Board (MEB) processes. DPSIM states that IAW AFI 36-3003, Military Leave Program, a members application must clearly establish that an error or injustice by the Air Force caused the members lost leave. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2011 | BC-2011-03925
This extension was completed, signed, and approved in Mar 2009; however, the local personnel office said they could not update the system until 1 Dec 2009, which was the first day of her extension. In this regard, we note that DPSIM initially recommended disapproval of the applicants request; however, after reviewing the extension paperwork, DPSIM now recommends 17.5 days of leave be restored to her leave account and we agree. ...
AF | BCMR | CY2014 | BC 2014 00868
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice that warrants restoring 2.5 days of leave to the applicants records. If, at any time, the leave balance drops to or goes below 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), then...
AF | BCMR | CY2012 | BC-2012-04402
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04402 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The 32 days of advance leave she was charged while on leave in in Shreveport, LA be restored. The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is...
AF | BCMR | CY2014 | BC 2014 00821
Scheduling leave prevents loss of leave at fiscal year (FY)-end balancing, retirement, or separation from active duty. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the 16 lost days were due to being penalized as reprisal for speaking out against her commander at the time; he allegedly committed sexual assault against her. We took notice of the applicants complete submission, to include her rebuttal response, in judging the merits of the case; however, we agree with...
Air Force Review Boards Agency AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 97-03509 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Six (6) days of leave lost at FY97 year-end balancing be restored. The Board majority therefore recommends that the applicant's records be corrected to show that six (6) days of leave were restored to her current leave account. The following members of the Board considered this...
AF | BCMR | CY2008 | BC-2007-03242
She used 15 days during FY07. Additionally, paragraph 4.1.4, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of leave they accrue each year. After a thorough review of the evidence of record and the documentation submitted in support of her appeal, we find no evidence that at the time of her separation from the Air Force, a condition existed that rendered her unable to...
APPLICANT CONTENDS THAT: The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A. RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. He lost 16 days on 1 Oct because Title 10 USC 701 precludes members f?om carrying over more than 60 days into the next FY.
AF | BCMR | CY2012 | BC-2012-01302
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01302 COUNSEL: NONE HEARING DESIRED: YES IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: The 27 days of leave she lost at the end of fiscal year (FY) 2011 be restored. _________________________________________________________________ APPLICANT CONTENDS THAT: She was unable to use 27 days of leave due to her being deployed in support of...
AF | BCMR | CY2011 | BC-2011-00465
In Fiscal Year 2007 (FY07) and FY08, she requested SLA and was approved to carryover 120 days of leave. However, she came to understand that her SLA request in FY09 was lost when she changed jobs and was informed in Oct 09 that she had to either sell back or lose 10 days of leave. The application was timely filed.