RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-02855
		
XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  He be allowed to sell back sufficient leave to bring his accrued leave balance to under 60 days.

2.  The forty days (40) of leave he lost be restored to his leave account, or in the alternative he be paid for the 40 days of lost leave. (Amended Request)

APPLICANT CONTENDS THAT:

He had been enrolled in the Nurse Enlisted Commissioning Program (NECP) as a full-time nursing student since August 2013, and his school did not allow NECP students to utilize their leave.  Prior to entering the NECP program, he had approximately 45 days of leave; however, the inability to take leave has resulted in the excess amount shown on his current Leave and Earnings Statement.  He asks for understanding because of this unique circumstance which was beyond his control.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 February 2002.

According to AF IMT 24, Application for Appointment as Reserve of the Air Force or USAF without Component, dated 2 September 2015, the applicant earned a Bachelor of Science in nursing degree.

On 2 October 2015, the applicant was discharged from the Regular Air Force in the grade of technical sergeant (E-6).  His narrative reason for separation is “Accept Commission or Warrant in Same Branch of Service,” and he was credited with 13 years, 7 months, and 14 days of active service.

On 3 October 2015, the applicant entered the Regular Air Force, in the grade of second lieutenant (O-1).

According to the applicant’s AF Form 475, Education Training Report, for the period 9 November 2015 through 22 January 2016, he was enrolled in the Nurse Transition Program course for 10 weeks.

According to AFI 36-3003, Military Leave Program, 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.  The situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security.  Furthermore, it should be a result of the members’ inability to take leave or to reduce their leave balance to 60 days before the end of the fiscal year while being assigned to said activities.  Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552.  The member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.

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 C.

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice.  In August 2013, the applicant became a full time NECP nursing student.  Due to the academic curriculum running on a quarterly basis, the applicant states he was unable to bring his leave balance to 60 days or below by the end of the fiscal year.  The applicant is scheduled to graduate NECP in August 2015 [sic], and will attend Commissioning Officer Training immediately thereafter.  Due to the applicant’s tight schedule, he is requesting to sell leave to bring his overall balance to 60 days of leave by 1 October 2015.

In accordance with AFI 36-3003, Military Leave Program, paragraph 4.6, enlisted members can only sell back leave during four occasions: Reenlistment (Extensions), Retirements, Separations, and an additional one time sell back of up to 30 days of SLA, provided they have an excess of 120 days of leave.  Such a sell back counts towards the service member’s cap of 60 days over a career. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 December 2015, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

The applicant submitted his request prior to the end of the fiscal year; therefore, an additional advisory was requested to discuss whether the applicant lost leave, and if so, how much.

AFPC/DP2SSM maintains their recommendation to deny.  According to the applicant’s Master Military Pay Account history, he lost 40.0 days of leave on 1 October 2015, and 4.5 days of leave on 1 October 2014. 

A complete copy of the AFPC/DP2SSM evaluation, with attachment, is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

He initially asked to sell his leave because he was not eligible for SLA.  However, at this stage he is willing to accept any financial compensation for his lost leave.  He would like to submit additional documentation to support his case, however it has been over a year since he attended college and cannot recover his class schedules or other documentation to support his case.  He asks the Board to take his word that losing his leave was out of his control.

The applicant’s complete response is at Exhibit G.

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 an error or injustice.  We took notice of the applicant's complete submission, to include his rebuttal, in judging the merits of the case; however, we do not find sufficient evidence the applicant has been the victim of an error or injustice.  The applicant states he has no way to recover his school schedules nor provide other documentation to support his request.  However, in accordance with AFI 36-3003, a member’s request for the recovery of lost leave must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  Should the applicant provide evidence to demonstrate that that an error or injustice by the Air Force caused his lost leave, such as class schedules and a letter of support from his commander, we may be willing to reconsider his request. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-02855 in Executive Session on 11 October 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02855 was considered:

Exhibit A   DD Form 149, dated 22 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSIM, dated 22 September 
  2015.
Exhibit D.  Letter, AFBCMR, dated 8 December 2015.
Exhibit E.  Memorandum, AFPC/DP2SSM, dated 2 August 2016.
Exhibit F.  Letter, AFBCMR, dated 3 August 2016.
Exhibit G.  Email, Applicant, dated 3 October 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.