RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02436
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 29 days of lost leave be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Physical Evaluation Board Liaison Officer (PEBLO) advised
him not to take leave until final disposition of his Physical
Evaluation (PEB) Board.
In support of his appeal, the applicant provides a letter from
his commander, excerpt from AFI 36-3212, Physical Evaluation
Board and the AF Form 422, Notification of Air Force Members
Qualification Status.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is on active duty serving in the grade of chief
master sergeant.
The remaining relevant facts pertaining to this application are
contained in the advisory opinion from the Air Force office of
primary responsibility at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial. In accordance with AFI 36-3212, the
member may not take leave outside the local area once their
medical case is in the disability channels. Paragraph 4.4.5
states AFPC/DPPD may authorize exceptions to the leave
restrictions outside the local area when warranted by
circumstances and when approval of leave will not adversely
affect case processing.
The PEBLO recommended the applicant save his leave until the
PEB/Medical Evaluation Board (MEB) process was completed.
However, the applicant also revealed that preparation of the
Environmental Occupational Safety Health Inspection prevented
him from scheduling leave.
The AF Form 422 provided does not preclude the applicant from
taking leave during the DES process. The applicant and his
commander verified the Environmental Occupational Safety Health
Inspection also contributed to the applicant not scheduling
leave. The commanders special leave accrual (SLA) restoration
request memorandum is not appropriate for this type of BCMR
submission. SLA describes provisions when deployments or
assignments, in hostile-fire or imminent danger pay and/or
missions at national level prohibit members from using leave.
The applicants request lacks evidence that shows how the length
of the PEB/MEB prohibited him from taking leave. It appears the
applicant saved leave in excess at his own will.
The complete A1PS evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He disagrees with the NGB evaluation. He was briefed by the
PEBLO, he asked the right questions and was given the wrong
information. He followed the PEBLO recommendation; therefore,
his leave should be restored.
The applicants complete response, with attachments, is at
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
thoroughly reviewing the applicants complete submission, to
include his response to the NGB/A1PS advisory, we are not
persuaded his record warrants the requested correction. The
applicants contentions were noted to include his commanders
supporting letter; however, we believe he has not provided
sufficient evidence to override the rationale provided by the
NGB/A1PS. Therefore, we find no basis to recommend granting 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
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-2013-02436 in Executive Session on 28 January 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 13, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 31 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 7 Aug 13.
Exhibit D. Letter, Applicants Response, dated 6 Sep 13,
w/atchs.
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