RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			   DOCKET NUMBER:  BC-2013-05793

							   COUNSEL: NO

							   HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her 22.5 days of lost use or lose leave be restored. 

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APPLICANT CONTENDS THAT:

Due to circumstances beyond her control, she was unable to use leave prior to the end of Fiscal Year 2011 (FY2011).  She worked hard to earn the leave and does not want to forfeit this entitlement.  She was unable to use the leave due to mission requirements and medical misfortunes.

As the Wing Inspector for the Command, she was required to lead the Self Inspection Program.  While this was her normal duty, it was critical and more demanding due to inspection preparation.

She was also assigned to an office with a staff of two who were deemed essential personnel.  The office was required to be manned by at least one person at all times.  Additionally, in July she was diagnosed with a rare illness.  She was not permitted to return to the United States until a doctor who could treat her illness was located.  She reported to Walter Reed on 31 July 2011 and remained there until 26 November 2011.  She was unable to take leave during that time.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Air Force who retired on 1 March 2014 in the grade of master sergeant.  According to her October 2011 Leave and Earnings statement, she lost 22.5 days of leave.

The remaining relevant facts pertaining to this application are contained in the advisory opinion from the Air Force office of primary responsibility at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  In accordance with AFI 36-3003, Military Leave Program, paragraph 10.1, Leave in Excess of 60 Days at the End of the Fiscal year, Special Leave Accrual (SLA), allows members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until 30 September 2015) before the end of the fiscal year while being assigned to said activities.  SLA shall not be a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 October 2008 through 30 September 2015) that is a result of the member’s failure to manage their leave balance.  

The applicant did not provide credible supporting documentation. She provides a DD Form 1610 and a DTS print-out; however, the dates did not match.  If she had provided a paid travel voucher that that would have been sufficient to support her contention. There was also no documentation submitted supporting her contention that she was unable to take leave due to mission requirements.  

The complete DPSIM evaluation, with attachments, is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 April 2014, for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response. 

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We thoroughly reviewed the applicant’s complete submission and the office or primary responsibility recommendation to deny the applicant’s request.  However, we believe a preponderance of the evidence supports corrective action.  The applicant has submitted travel orders to support her contention that mission requirements and a medical condition prevented her from taking leave during FY2011.  Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief.  We have been advised by DFAS personnel that the applicant has already sold the maximum 60 days of leave allowed by law, necessitating that we compensate her for her lost leave by other means.  However, according to governing directives, payments in increments of half days are not possible.  Therefore, we believe the relief identified below provides her fair and equitable relief, and recommend the applicant’s record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was in a temporary duty status at Hampton Air Force Base, Virginia for 22 days, beginning 1 February 2014 and entitled to 22 days of per diem.

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The following members of the Board considered AFBCMR Docket Number BC-2013-05793 in Executive Session on 5 August 2014, under the provisions of AFI 36-2603:

				, Panel Chair
				, Member
			, Member

All members voted to correct the record, as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Dec 13, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Record Excerpts. 
	Exhibit C.  Letter, AFPC/DPSIM, dated 2 Apr 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 14.
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