DOCKET NUMBER: BC-2012-01298
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
Fifty-one (51) days of leave lost during fiscal year (FY) 2011
be restored to his current leave balance.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was in the middle of a permanent change of station (PCS) en
route from Travis Air Force Base (AFB) CA, to Royal Air Force
Station (RAF) Lakenheath when his 3-month old son was diagnosed
with a rare genetic disorder. His PCS orders were cancelled on
7 July 2011 after the diagnosis. From 7 July 2011, through
26 August 2011, he was without orders and not assigned to any
duty station. On 26 August he received orders to Hanscom AFB,
Massachusetts, under the Exceptional Family Member Program
(EFMP). Once he arrived at Hanscom AFB, he was charged leave
from the date of his departure from Travis AFB on 26 June 2011.
In support of his request, the applicant provides a copy of a
signed letter from his Travis AFB squadron commander.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major, O-4.
By letter dated 18 April 2012, HQ AFPC/DPSIM requested the
applicant provide additional supporting documentation to
substantiate his claim; specifically, medical documentation
reflecting all appointments pertaining to his claim. The
applicant responded by providing Tricare billing statements with
dates of office visits as well as procedures associated with his
son’s medical appointments.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends approval. DPSIM states the applicant out-
processed Travis AFB, CA on 24 June 2011. He traveled to
Houston, TX for 10 days of leave prior to departing for RAF
Lakenheath. On 6 July 2011, the applicant and his family
traveled to Charlotte, NC where his 3-month old son had three
seizures and was admitted to a local hospital. On 12 July 2011,
the applicant’s orders to RAF Lakenheath were cancelled and his
son was enrolled in the Exceptional Family Member Program. The
applicant requested a new assignment and received orders to
Hanscom AFB, MA on 26 August 2011. During this time the
applicant was forced to use 51 days of leave.
AFI 36-3003, Military Leave Program, paragraph 10.9, states in
part, members not eligible for special leave accrual (SLA), for
the following reasons: normal PCS moves and TDYs, base
closures, hospitalizations, aeromedical evacuations, quarters,
and convalescent leaves, details and special working groups,
training exercises, attending schools or courses, and research
requirements, pending separations and retirements, workload
after return from deployment and members did not take leave
before 1 Oct., post-deployment recovery time, and post
deployment/mobilization respite absence (PDMRA), can request
recovery of days lost by submitting a DD Form 149, Application
for Correction of Military Records under the Provision of Title
10, U.S.C. Section 1552. If the Board restores leave to current
leave account, members must use these days before the end of the
current FY.
The complete AFPC/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 26 July 2012 for review and comment within 30 days
(Exhibit C). To date, this office has not received a 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to warrant
2
relief. We took notice of the applicant's complete submission
in judging the merits of the case and we agree with the opinion
and recommendation of the Air Force office of primary
responsibility that correction of the applicant’s leave account
is warranted. Accordingly, we recommend that his records be
corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that fifty-one
(51) days of leave were restored to his account commencing
2 October 2012.
________________________________________________________________
The following members of the Board considered this application
BC-2012-01298 in Executive Session on 6 December 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 March 2012, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 19 June 2012.
Exhibit C. Letter, SAF/MRBR, dated 26 July 2012.
Panel Chair
Panel Chair
Member
Member
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