RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03695

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

Restoration/repayment of 30 days of lost leave, accrued from 1 Oct 12 to 30 Sep 13.  

APPLICANT CONTENDS THAT:

In Fiscal Year 2013 (FY13), she was on Administrative Hold (Code 37) for a Medical Evaluation Board (MEB) processing which restricted her to the local area for FY13 (Code 37 status began 10 Jul 12).  She did not take leave during this time period because taking leave in the local area was not sufficient to provide actual or sufficient respite from the work environment.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of Lieutenant Colonel (O-5).

On 10 Jul 12, according to documents submitted by the applicant, she was issued a AF Form 469, Duty Limiting Status Report, stating that she was undergoing an MEB to determine medical fitness for continued worldwide duty and retention.  No PCS, deploy, or mobility assignment until disposition is made and reported on an AF Form 422.  She should not depart home station for TDY or Leave without consulting the medical treatment facility Physical Evaluation Board Liaison Officer (PEBLO). 

On 11 Jul 13, according to documents submitted by the applicant, she was issued an AF Form 469, Duty Limiting Status Report, extending her status established by the AF Form 469 issued 10 Jul 12.  

On 27 Jun 14, the applicant was furnished an honorable discharge, and effective 28 Jun 14, she was placed on the temporary disability retired list with compensable percentage for physical disability of 100 per cent.  She was credited with 20 years, and 27 days of active service.

On 25 Aug 14, the applicant requested an extension of her case in order for her to acquire additional information in responding to the 17 Apr 14 Air Force Evaluation (Exhibit E).  

On 17 Sep 14, AFBCMR advised the applicant they could not extend her case, but would administratively close her case, until such time that she advised AFBCMR she was ready to proceed (Exhibit F). 

On 8 May 15, the applicant provided a letter as justification in support of her original request, and in rebuttal to AFPC/DPSIM’s Air Force Evaluation dated 17 Apr 14 (Exhibit G).   

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.  Documentation provided by the applicant revealed that she accumulated maximum leave due to military mission necessity, she was deployed from Mar – Sep 11, PCS’d from overseas in Oct 11, and attended Formal Flying training Dec 11 to May 12.  According to AF Forms 469 from 10 Jul 12 through 10 Jul 13, and 11 Jul 13 through 11 Jul 14, she was restricted to the local area due to a MEB and Integrated Disability Evaluation System (IDES) taking place.  Both AF Forms 469 indicated that “This member should not depart home station for TDY or Leave without consulting the medical treatment facility Physical Evaluation Board Liaison Officer (PEBLO).” 

In accordance with (IAW) AFI 36-3003, Military Leave Program, paragraph 6.1. Annual Leave, another name for annual leave is “ordinary” leave.  Normally, members request leave, as accruing, within mission requirements and other exigencies.  Member’s failure to use leave, as accruing, can result in loss of accrued leave at FY-end leave balancing or upon retirement or separation from active duty.  When the applicant did not use her 30 days of annual leave prior to the end of the FY, she forfeited her leave days.  Annual Leave does not need to be taken out of the local area.  It may be used for rest from duty, it does not state you have to leave the local area in order to do so.  Also, AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, allows for exceptions to restrictions on members in a patient status.  AFPC/DPPD authorizes exceptions to leave restriction outside the local area when warranted by circumstances and when approval leave will not adversely affect case processing.  Based on Air Force Instructions, the applicant could have coordinated with the PEBLO and submitted an exception to policy memorandum for her chain of command’s approval.  There is no evidence the applicant attempted to request an exception to policy in this matter.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the point made by the OPR regarding that it was a “failure” on her part to not take any leave during FY13.   She argues that no AFI states that if you are restricted as she was with a Code 37 status, you must burn all of your leave in the local area, otherwise you forfeit it.  To state such, would not only be unfair and prejudicial, but it is making up new and irrelevant rules after the fact.  Where she takes her leave is up to her.  She opined that she understood that it was theoretically possible she could have gotten permission from AFPC (via PEBLO) to go on leave outside of the local area; however, it was realistically unattainable due to the extent and unpredictability of her episodic medical condition and general physical instability.  

Throughout FY13 and the entirety of this process prior to her retirement, she had her chain of command’s understanding and support.  Had her leave been reinstated in a timely manner after her original submission (11 Dec 13), and once her final determination was made, she could have used it as ordinary leave, terminal leave, or sold back IAW AFI 36-3003.  Since she is now retired, she is asking for the 30-days of lost leave to be reimbursed (SOLD).  

A complete copy of the applicant’s response to the Air Force evaluation is at Exhibit G.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/Special Programs recommends denial indicating there is no evidence of an error or an injustice.  They reiterated AFPC/DPSIM’s 17 Apr 14 Air Force Evaluation stressing the Annual Leave guidance IAW AFI 36-3003.  They opined that when the applicant did not use her 30 days of annual leave prior to the end of the FY, she forfeited her leave days.  She had the option to take ordinary leave to prevent losing it.

A complete copy of the AFPC/Special Programs Evaluation is at Exhibit H.

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force Evaluation was forwarded to the applicant on 9 May 16 for review and comment within 30 days (Exhibit I).  As of this date, no response has been received by this office.

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 in judging the merits of the case, to include her rebuttal; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2015-03695 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03695 was considered:

	Exhibit A.  DD Form 149, dated 11 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 17 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.
	Exhibit E.  Letter, Applicant, dated 25 Aug 14.
	Exhibit F.  Admin Close Letter, AFBCMR, 17 Sep 14.
	Exhibit G.  Letter, Applicant, dated 8 May 15.
	Exhibit H.  Memorandum, AFPC/Special Programs, dated 
  5 Apr 16.
	Exhibit I.  Letter, SAF/MRBR, dated 6 May 16.