RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01692

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her leave balance reflect Sixty-three (63) days on 31 March 2015.

APPLICANT CONTENDS THAT:

She was charged leave for the duration of her approved temporary duty (TDY).

Her leave credit balance on 31 Mar 15 should be 63 days instead of -31.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the rank of master sergeant (E-7).

According to the applicant’s Leave and Earning Statement (LES), the period 1 through 31 January 2015, reflects she had a leave balance of 53.0 days, earned 10, used 5, which left her with a current balance of 58.0 days.

Her LES for the period 1 through 28 February 2015 reflects a leave balance of -39 days, earned 12.5, Used 7, which left her with a current balance of -33.5.

The applicant accrued 2.5 days of leave in March, leaving her with a credit balance of -31.00.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B.    

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice.  

On 9 October 2013, the applicant was placed on a TDY order for medical military storknesting reasons.  Initially the estimated number of TDY days was 141 days beginning on or about 12 October 2013.  However, on the same date, her TDY order was extended out to approximately 201 days.

The applicant provided an approved signed AF Form 988, Leave Request/Authorization for her convalescent leave, however, the leave dates for the number of days requested, first day/time of leave status, first day of chargeable leave, and last days of chargeable leave where not filled in on the form.

The applicant’s Leave Web history reflects she used 43 days of convalescent leave from 20 December 2013 through 31 January 2014.

In accordance with AFI 36-3003, Military Leave Program, para 6.4.1.1, “Absence from duty because of pregnancy and childbirth.  During pregnancy, members continue to perform normal duties as long as they are medically fit to do so.  When it is necessary for the members’ or fetus’ health and safety, convalescent leave is appropriate as long as it is medically required.  For childbirth, postpartum convalescent leave following normal pregnancy is 42 days to allow time for the mother to recover physically.  Convalescent leave begins the day of discharge from the medical treatment facility and continues through the day before the member’s return to duty.  Medical authorities determine whether the mother’s medical condition warrants convalescent leave beyond 42 days.”

Once the applicant was placed on convalescent leave, she was no longer on medical TDY status.  Once the applicant completed her convalescent leave, she would have been placed on another set of TDY orders to be returned back to duty or placed on ordinary leave status.  The applicant did not provide documentation showing she was placed on another set of TDY orders for return purposes.  However, her pay record shows the applicant took 90 days of ordinary leave between 31 January 2014 through 30 April 2014.  Based on the evidence provided, she was correctly charged leave upon completion of her convalescent leave, as the TDY order for storknesting should have ended once she delivered her baby and was placed on convalescent leave.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of her request, the applicant responds that she was never informed that she should have returned to her duty station after her convalescent leave.  Neither she nor her chain of command were informed that she would be charged leave.  She made her decision based on her approved medical TDY order.  If she or her chain of command had been aware that she would have been charged for approximately 90 days of leave she would have made other arrangements for her child and returned to her duty station.

The applicant’s complete response, with attachments is at Exhibit D.

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 an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include her rebuttal, we believe the applicant is the victim of an injustice.  While we note the comments of AFPC/DPSIM indicating that relief should be denied because the applicant’s records contain no documentation substantiating her contention that she was erroneously charged for approximately 90 days of ordinary leave, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided a copy of an email from the 86th MDSS indicating her medical TDY was extended through April 2014, as well as a supporting statement from the Senior U.S. Defense Official/Defense Attaché indicating that the applicant’s unit approved and amended her orders and she was on valid medical orders through the end of April 2014.  We note the applicant has requested correction to reflect a credit balance of 63 days on 31 March 2015 instead of -31 days.  Such relief requires crediting 94 days of leave in the current fiscal year (2016), to avoid loss of leave in excess of 60 days at the end of fiscal year 2015.  Therefore, we recommend the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to credit 94 days of leave to her fiscal year 2016 leave account.  

The following members of the Board considered AFBCMR Docket Number BC-2015-01692 in Executive Session on 22 January 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01692 was considered:

	Exhibit A.  DD Form 149, dated 2 April 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIM, dated 22 September 2015.
	Exhibit C.  Letter, SAF/MRBR, dated 28 October 2015.
	Exhibit D.  Letter, Applicant, dated 15 November 2015,
  w/atchs.