ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03436
				INDEX CODE:  121.03

							COUNSEL:  NONE

							HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

In lieu of being paid for eight and one half (8.5) days of leave she would rather the eight and one half days of leave be used to extend her date of separation (DOS) by eight and one half days from 2 May 2003 to 10 May 2003.

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STATEMENT OF FACTS

On 13 January 2005, the applicant's original request to have up to 29 days of leave reinstated to her leave account was partially granted in that the Board extended her Date of Separation from 12 April 2003 to 2 May 2003.  For an accounting of the facts and circumstances surrounding the applicant’s request, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F.

On 31 January 2005, the applicant submitted a request for reconsideration wherein she asked the Board to grant up to 18 days of additional leave that the Board had denied on 31 July 2003.  For an accounting of the facts and circumstances surrounding the applicant’s request, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit G.

In early February 2006, the applicant submitted an application asking that the Board reconsider her request and restore eight and one half days of leave that DFAS had paid her for (Exhibit I).  The request was sent to DFAS for an advisory opinion.  DFAS provided only what would happen should her leave not be sold but be used instead to extend her DOS (Exhibit J).  Applicant responded to the advisory and agreed with the DFAS findings.  She reiterated her request to have the eight and one half days of leave used to extend her DOS (Exhibit K).

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THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in support of her appeal, we are unpersuaded the applicant should be granted an extension of her DOS.  The fact DFAS automatically pays out any leave left on the books at DOS is not an error or injustice.  Therefore, we can find no evidence of error or injustice in how she was remunerated for the days DFAS paid her for as it appears the system worked the way it was supposed to.  The fact she was injured one day after her DOS is not reason to extend her DOS.  Unless we are presented with an error or injustice supported by new evidence not available at the time she first applied, she is not entitled to any more than the extension of her DOS originally granted her.  In this case, we do not find the additional evidence she provided to be of such significance as to cause us to consider granting her request to use leave DFAS paid her for over and above that previously granted.  Accordingly, the applicant’s request is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered this application in Executive Session on 27 September 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 25 Jan 05,
			 with exhibits A through E.
    Exhibit G.  Record of Proceedings, dated 7 Sep 05,
			 with exhibit H.
    Exhibit I.  Applicant’s Letter, undated, w/atch.
    Exhibit J.  DFAS-POCC/DE, Letter, dated 25 May 06, w/atch.
    Exhibit K.  Applicant’s Letter, dated 28 Jun 06.