RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01886
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 15 days of lost leave be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take leave due to being on convalescent leave
and personal reasons.
He understood the 33d Fighter Wing, Director of Staff, Eglin Air
Force Base (AFB), FL, approved the restoration of his 15 days of
lost leave. He continuously inquired with the Director of
Personnel and was told the issue was being worked with the
96th Force Support Squadron (FSS) and 96th Comptroller Squadron
(CPTS). He was advised in Mar 2013 that his request was denied
because convalescent leave was not a reason for restoring lost
leave.
In support of his request, the applicant provides a personal
statement, Special Leave Accrual (SLA) letter endorsed by his
Director of Staff, AF Forms 988, Leave Request/Authorization;
quarters authorization and medical information.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of Master Sergeant (MSgt). According to the applicants Master
Military Pay Account statement dated 12 Dec 2012, he lost
15 days of leave in FY12.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. In Accordance With (IAW) Air
Force Instruction 36-3003, Military Leave Program, members are
ineligible for SLA when hospitalizations, aeromedical
evacuations, quarters and convalescent leave prevents a member
from using leave. Members can request recovery of lost leave
days by submitting to the Board. Requests must clearly
establish that an error or injustice caused by the Air Force
prevented the member from using the lost leave. In the
applicants case, there is no evidence of an error or injustice
and the issues were caused by personal and medical reasons.
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 9 Feb 2014 for review and comment within 30 days
(Exhibit C). As of this 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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
(OPR) and adopt the rationale expressed 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 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-2013-01886 in Executive Session on 13 Mar 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documents were considered:
Exhibit A. DD Form 149, dated 30 Apr 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 22 Jan 2014.
Exhibit C. Letter, SAF/MRBR, dated 9 Feb 2014.
Panel Chair
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