RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01730 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

30 days of lost leave from Fiscal Year 2011 (FY11) (1 Oct 10 – 
30 Sep 11) be restored. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She did not respond to her “use or lose” leave due to her 
unstable psychological condition prior to, and especially in, 
December 2011. 

 

She has had problems with daily functioning abilities, thought 
processes, making decisions, panic attacks, depression, coping 
with the passing of her mother earlier in 2011 and other family 
deaths. In addition, she has had severe medical problems to 
include, chronic pain back/neck/joints, fibromyalgia, 
gastrointestinal, ophthalmological, and acute sinusitis. She was 
profiled [sic] from taking leave while undergoing the Medical 
Evaluation Board (MEB) processes. 

 

In support of her request, the applicant provides copies of her 
active duty orders, lost leave statement, and MEB paperwork. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 28 Jul 12, the applicant was relieved from active duty, and on 
29 Jul 12, she was permanently disability retired in the grade of 
master sergeant. 

 

According to information provided by the Air Force office of 
primary responsibility, she accumulated 30 days of leave 
throughout FY11. During FY11, she was placed on medical 
temporary duty (TDY) orders from 8 Dec 09 – 28 Jul 12. On 2 Aug 
11, she was placed on a Duty Limiting Condition Report (AF Form 
469). The applicant’s MEB hearing date was from 8 Dec 11 – 7 Mar 
12. 

 


The applicant lost 30 days of leave at the end of FY11 (30 Sep 
11), due to fiscal year-end leave balancing. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial. DPSIM states that IAW AFI 36-3003, Military Leave Program, a member’s application must clearly 
establish that an error or injustice by the Air Force caused the 
member’s lost leave. Additionally, AFI 36-3003, paragraph 10.9, 
states that hospitalizations, aeromedical evacuations, quarters, 
and convalescent leave are not authorized for leave restoration. 

 

The complete DPSIM evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 25 Jun 12, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. As of this 
date, a response has not been received by this office (Exhibit 
C). 

 

_________________________________________________________________ 

 

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 error or injustice. After 
carefully considering the evidence of record and noting the 
comments of AFPC/DPSIM, we are not persuaded the applicant has 
been the victim of an error or an injustice. While the 
applicant asserts she was not able to take her leave due to a 
medical profile, she has not provided sufficient evidence to 
substantiate her claim. Therefore, the applicant has failed to 
sustain her burden that she has been the victim of an error or 
injustice. Absent persuasive evidence that she was denied 
rights to which she was entitled, we find no basis to recommend 
granting the requested relief. 

 

_________________________________________________________________ 

 

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. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2012-01730 in Executive Session on 11 Dec 12 and 31 Jan 13, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2012-01730 was considered: 

 

 Exhibit A. DD Form 149, dated 10 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIM, dated 15 Jun 12. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12. 

 

 

 

 

 Panel Chair