RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03927 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her 45 days of erroneously charged leave be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: She had no other action to take in reference to her spouse’s medical condition. In support of her request, the applicant provides a statement from the Director of Manpower and Personnel, a doctor’s note, and copies of her husband’s medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 1 February 2012 in the rank/grade of Senior Master Sergeant/E-8. 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: AFPC/DPSIM recommends approval. AFI 36-3003, Military Leave Program, explains accompanying a dependent patient to a designated Military Treatment Facility not in the local area when the medical authority deems it essential, request would be sent to DPSIM for additional days exceeding 20 days of leave. The applicant provided supporting documentation from the local MTF showing she was needed to take care of her spouse, therefore, permissive temporary duty would have been granted. The DPSIM evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 December 2011, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, AFPC/DPSIM provided an additional advisory and recommends partial approval of the applicant’s request. DPSIM recommends relief for 6 days only as the 45 days the applicant requests has already been reinstated. The applicant’s leave record shows the members leave balance at the beginning of FY12 was 30 days. She also earned 10 days of leave. Since the 45 days of leave were reinstated, that brought her leave balance to 85 days. The applicant used 46 days of regular leave and 3 days of terminal leave. The applicant sold back 30 days. That was a total of 79 days. Had the leave not been restored, the applicant would not have been able to keep a positive leave balance. The additional DPSIM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: The applicant submitted copies of her Leave and Earnings Statement showing her leave balance was 63 days. As of 31 October her 45 days had not been deducted from her leave balance. She then notified her unit the leave had not been deducted. She was on convalescent leave from 2 November 2011 through 4 January 2012. The advisory states she took 3 days of terminal leave and sold back 30 days of leave which is accurate. There is no way she could have taken 46 days of regular leave during FY12. The applicant’s complete response, with attachments, is at Exhibit F. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After reviewing the evidence of record, we are persuaded that the applicant should not have been charged regular leave while accompanying her husband to the Military Treatment Facility and should have been placed in a non-chargeable leave status. We note AFPC/DPSIM’s amended recommendation; however, we do not find the evidence supports the applicant used her leave during Fiscal Year 2012 as stated by the OPR. . As such, we recommend the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that from 14 June through 13 July 2011, she was placed in Type T, permissive temporary duty – non-chargeable leave status and from 14 July through 29 July 2011 she was placed in Type A, regular leave – chargeable leave status and that she be paid any amount due as a result of this change. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03927 in Executive Session on 17 April 2012, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 11, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 23 Nov 11. Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11. Exhibit D. Letter, AFPC/DPSIM, dated 13 Mar 12. Exhibit E. Letter, SAF/MRBC, dated 27 Mar 12. Exhibit F. Applicant’s Response, dated 8 Apr 12, w/atchs.