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.
________________________________________________________________
APPLICANT CONTENDS THAT:
She should have been placed on convalescent leave due to
complications with her pregnancy while she was on ordinary
leave. Because these complications precluded her from flying,
she was unable to return to her home station from ordinary leave
and was instead reassigned via permanent change of station (PCS)
to a base within the continental United States (CONUS).
However, convalescent leave was never requested by her former or
new unit of assignment. She was never put into in-patient or
out-patient status and she continued to be charged leave even
though she was following her doctor's orders.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 25 May 10.
On 25 Nov 12, the applicant separated from the Air Force, was
issued an Honorable discharge certificate with a narrative
reason for separation of Pregnancy or childbirth, and was
credited with two years, six months, and one day of active
service.
The relevant facts pertaining to this application are described
in the letter 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 injustice. The applicant was approved for leave for
the period 16 Apr 11 through 10 May 11. On or about 16 Apr, she
departed Thule AB and took leave at her familys residence in
Shreveport, LA. The applicant visited the Barksdale AFB MTF on
3 May 11 and discovered she was having pregnancy complications.
The MTF referred the applicant to an obstetrician in Shreveport,
who discouraged her from traveling due to gestational age. On
13 May 11, the applicant received PCS orders for a short-notice
assignment from Thule AB to JBSA-Randolph AFB, TX. On
24 May 11, the applicants supervisor directed her to provide a
copy of the letter to the Barksdale MTF, and the MTF concurred
with the civilian physicians recommendation not to travel. The
applicant arrived at JBSA-Randolph AFB on 24 Jun 11.
In accordance with AFI 36-3003, Military Leave Program, unit
commanders normally approve convalescent leave based on the
written recommendation of the military physician most familiar
with the members condition. AF Form 988, Part II (members
copy) states it is your responsibility to return to your
permanent duty station or obtain a leave extension from your
supervisor before the expiration date of your leave. In
addition, Air Force Manual 65-116, Volume 2, Defense Joint
Military Pay System (DJMS) Unit Procedures Excluding FSO, states
Follow-up on open leave for members on leave awaiting
submission of Part III must be accomplished with the member
and/or supervisor by the Unit Leave Administrator. The
applicant and her chain of command failed to consult with the
leave monitor at Thule AB to adjust her leave accordingly.
There is no source document validating any follow-up action with
the unit leave administrator after the applicants leave expired
or endorsement by the unit commander approving convalescent
leave base on the MTFs recommendation.
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 9 Nov 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. We took
notice of the applicant's complete submission in judging the
merits of the case. While we note the comments of the Air Force
office of primary responsibility indicating the applicant failed
to coordinate with her leave monitor to ensure her leave was
adjusted accordingly, the Board believes a preponderance of the
evidence indicates that corrective action is warranted. In this
respect, we note the applicant was complying with the direction
of competent medical authority by not traveling during the
period of time in question. Further, since the applicant
immediately reported her medical condition and resultant travel
restrictions to her units leadership, we believe she took
appropriate measures to ensure she was in the correct duty
status. However, we find it reasonable to conclude that the
apparent lack of coordination between her gaining and losing
units of assignment and military and civilian healthcare
providers precluded responsible authorities from making a
reasoned determination regarding the applicants duty status,
which we believe resulted in her predicament. Therefore, we
recommend his records be corrected as indicated 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:
a. She was not charged advance leave during the period
14 May 2011 through 14 June 2011, but during the period
14 May 2011 through 14 June 2011 she was placed on convalescence
leave for a period of thirty two (32) days.
b. On 24 November 2012, thirty-two (32) days of leave were
added to her leave balance.
c. She sold a total of 32 days of accrued leave in
conjunction with her 25 November 2012 separation.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04402 in Executive Session on 4 Jun 13, 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 1 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 30 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12.
Panel Chair
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