RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01567
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Seventeen days of lost leave from Fiscal Year 2013 (FY13) be
restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was undergoing a Medical Evaluation Board (MEB) and was
informed by the Hurlburt Field MEB office not to take leave
during the MEB process.
In accordance with AFI 41-210, Tricare Operations and Patient
Administration Functions, paragraphs 4.53.4 and 4.53.4.1, he was
not authorized to take leave unless approved by the Air Force
Personnel Center (AFPC) and therefore, protected from losing his
leave.
His commander, the Military Personnel Section (MPS)
superintendent, and the Noncommissioned Officer In Charge
(NCOIC) at the MEB office all agree he is right and protected
under the AFI. The MEB office has not had problems with members
losing leave and is unsure why his case is different.
In support of his request, the applicant provides a memorandum
from his commander and an excerpt from AFI 41-210.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Sep 13, the applicant was permanently disability retired
in the grade of technical sergeant.
The applicant states he lost 17 days of leave in FY 13;
however, his Master Military Pay Account (MMPA) reflects he
lost 10 days of leave in FY13.
AFI 41-201 states that once the service member is notified by
the Physical Evaluation Board Liaison Officer (PEBLO) that an
MEB has been directed, the service member will be required to
be available for Veteran Affairs (VA) appointments, PEBLO
counseling, and the MEB process. Military Treatment Facilities
(MTFs) must develop local processes and procedures with the
unit commanders regarding the availability of the service
member in the Integrated Disability Evaluation System (IDES) to
meet all appointments (i.e., requesting service members not be
placed on leave outside the local area or Temporary Duty (TDY),
except for emergencies, notifying the PEBLO when a service
member cannot make an appointment. Once the MEB package has
been sent to the Informal Physical Evaluation Board (IPEB), the
member may not take leave or go TDY without permission from
AFPC/DPSIM.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicant did not provide a
memorandum from the MEB stating that he was unable to take
leave during the MEB process.
The applicant was not restricted from taking leave; instead he
never took the initiative to get his leave approved by the
appropriate authority.
The complete 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 10 Jan 14, for review and comment within 30 days
(Exhibit D). 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 applicant's 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 and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. In view of the above and in the absence of
evidence to the contrary, 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 an 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 BC-2013-01567 in
Executive Session on 11 Feb 14, under the provisions of AFI 36-
2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 13, w/atchs.
Exhibit B. Applicants Available Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 2 Oct 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
Panel Chair
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