RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01517
		INDEX CODE:  121.00

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  17 NOV 2008

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APPLICANT REQUESTS THAT:

Twelve (12) days of leave be restored to her leave account as of 2 Oct 07.

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APPLICANT CONTENDS THAT:

She lost twelve days of leave due to critical manning in her unit; six days each, while stationed at two different assignments.  

During this period, her unit experienced prolonged manning shortages, which required her to work as the Nurse Manager/Element Chief of the Inpatient OB unit.  She was not allowed to take her earned leave as she was required to work as a clinical nurse (full-time) as well as the administrative nurse.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on information from the Air Force, applicant’s Master Military Pay Account (MMPA) reflects applicant lost six days of leave at the end of FY02, and six days of leave at the end of FY03.  

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AIR FORCE EVALUATION:

HQ AFPC/DPSO reviewed this application and recommended denial, stating, in part, AFI 36-3003, Military Leave Program, notes para 10.9.7, member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  Additionally, para 4.1.4, Use of Leave, recommends member be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of leave.  On 25 May 07,  they requested more supporting documentation from the applicant; however, she did not respond.  Therefore, they found no compelling evidence suggesting applicant was unable to use six days of leave throughout FY02 and six days throughout FY03, and concluded the leave lost was not an error or injustice caused by the Air Force.

HQ AFPC/DPSO’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Jul 07 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  AFI 36-3003, para 4, Military Leave Program, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of leave.  Applicant indicated she was not allowed to take any leave due to prolonged manning shortages.  The applicant’s record was thoroughly reviewed and there was no compelling evidence which convinced us that she was not afforded an opportunity to take her earned leave.  Should the applicant provide documentation to substantiate her claim, we would be willing to reconsider her request.  Therefore, we conclude the applicant has not been the victim of an error or injustice and find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01517 in Executive Session on 30 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 07. 
    Exhibit B.  Letter, HQ AFPC/DPSO, dated 18 Jul 07.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.