RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01730
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
30 days of lost leave from Fiscal Year 2011 (FY11) (1 Oct 10
30 Sep 11) be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She did not respond to her use or lose leave due to her
unstable psychological condition prior to, and especially in,
December 2011.
She has had problems with daily functioning abilities, thought
processes, making decisions, panic attacks, depression, coping
with the passing of her mother earlier in 2011 and other family
deaths. In addition, she has had severe medical problems to
include, chronic pain back/neck/joints, fibromyalgia,
gastrointestinal, ophthalmological, and acute sinusitis. She was
profiled [sic] from taking leave while undergoing the Medical
Evaluation Board (MEB) processes.
In support of her request, the applicant provides copies of her
active duty orders, lost leave statement, and MEB paperwork.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Jul 12, the applicant was relieved from active duty, and on
29 Jul 12, she was permanently disability retired in the grade of
master sergeant.
According to information provided by the Air Force office of
primary responsibility, she accumulated 30 days of leave
throughout FY11. During FY11, she was placed on medical
temporary duty (TDY) orders from 8 Dec 09 28 Jul 12. On 2 Aug
11, she was placed on a Duty Limiting Condition Report (AF Form
469). The applicants MEB hearing date was from 8 Dec 11 7 Mar
12.
The applicant lost 30 days of leave at the end of FY11 (30 Sep
11), due to fiscal year-end leave balancing.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. 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. Additionally, AFI 36-3003, paragraph 10.9,
states that hospitalizations, aeromedical evacuations, quarters,
and convalescent leave are not authorized for leave restoration.
The complete DPSIM evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Jun 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. As of this
date, a response has not been received by this office (Exhibit
C).
_________________________________________________________________
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. After
carefully considering the evidence of record and noting the
comments of AFPC/DPSIM, we are not persuaded the applicant has
been the victim of an error or an injustice. While the
applicant asserts she was not able to take her leave due to a
medical profile, she has not provided sufficient evidence to
substantiate her claim. Therefore, the applicant has failed to
sustain her burden that she has been the victim of an error or
injustice. Absent persuasive evidence that she was denied
rights to which she was entitled, we find no basis to recommend
granting the requested relief.
_________________________________________________________________
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 Docket Number
BC-2012-01730 in Executive Session on 11 Dec 12 and 31 Jan 13,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2012-01730 was considered:
Exhibit A. DD Form 149, dated 10 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 15 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12.
Panel Chair
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