RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00821
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her leave that was previously revoked, be restored.
APPLICANT CONTENDS THAT:
She is the victim of sexual assault by her previous commander
and her leave was revoked pending the investigation. She
believes there is an injustice because she was ordered not to
leave the area until further notice by her commander.
In support of her request the applicant provides copies of an
email, her Leave and Earnings Statements and a no contact order.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the United States Air Force on 17 May
90. She was progressively promoted to the grade of senior
master sergeant (E-7) and is currently serving on active duty.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of
an error or an injustice. IAW AFI 36-3003, Military Leave
Program, paragraph 6.1 Annual Leave. Another name for annual
leave is ordinary leave. Normally members request leave, as
accruing, within mission requirements and other exigencies.
Members failure to use leave, as accruing, can result in loss
of accrued leave at Fiscal Year (FY)-end leave balancing or upon
retirement or separation from active duty. Additionally, IAW
paragraph 4.1.2.
Scheduling leave prevents loss of leave at
fiscal year (FY)-end balancing, retirement, or separation from
active duty. Both management and members share responsibility
in managing leave balances throughout the FY. She is
responsible for monitoring her leave balance and scheduling with
management in order to prevent lost leave. The applicant did
not schedule leave in a timely manner prior to the end of the
FY. Even if her leave was not canceled, she would have still
gone over her use/lose balance.
The applicant provides her Leave and Earning Statement (LES)
which reflects she lost 16 days of leave. Also included was a
no contact order dated 5 Sep 13, which informed the applicant
her place of duty was in her private residence until further
notice. Her Master Military Pay Account (MMPA) reflects 16 lost
days, cancellation of ordinary leave on five (5) occasions from
May-Sep, and eight (8) instances of ordinary leave.
The complete DPSIM evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends the 16 lost days were due to being
penalized as reprisal for speaking out against her commander at
the time; he allegedly committed sexual assault against her.
She includes a copy of her cancelled deployment orders for which
she had planned to take leave en route 23-30 Sep 13. This leave
would have taken her under the 75 days allowed to carry into the
FY.
In further support of her request she provides a letter from the
Special Victims Counsel, Air Force Legal Operations Agency and
various other documents associated with her request.
The applicants complete submission, 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 an error or injustice. We took
notice of the applicants complete submission, to include her
rebuttal response, 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 its rationale
as the basis for our conclusion the applicant has not been the
victim of an error of injustice. Should the applicant provide
substantial evidence to show how the alleged sexual assault
prevented her from taking leave, we may be willing to reconsider
her application. In view of the above and in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00821 was considered:
Exhibit A. DD Form 149, dated 19 Feb 14, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 5 Jun 14.
Exhibit C. Letter, SAF/MRBR, dated 27 Jun 14.
Exhibit D. Applicants Rebuttal
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