RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04362
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Nineteen (19) days of lost leave be restored.  

APPLICANT CONTENDS THAT:

He began Fiscal Year 2015 (FY15) with 105 days of leave (30 days of use/lose).  He was unable to use all of his use/lose leave before the end of FY15 and requests 19 days of leave be reinstated for FY16.

There were several factors which contributed to his inability to use his leave.  He was hospitalized on 6 November 2014 for a period of 5 days and was placed on convalescent leave for 30 days.  As a result of the hospitalization, he was referred for a Medical Evaluation Board (MEB) on 15 April 2015 to determine his fitness for continued active duty service.  He was unable to take leave during this time as a result of the restriction for members undergoing disability processing to take leave.  He was returned to active duty on 1 June 2015.  He was then incorrectly advised by his Commander’s Support Staff (CSS) that he could sell back his unused leave, up to 60 days in his career.  This information was also confirmed by his Comptroller Squadron (CPTS).  On 9 September 2015, he was informed he would not be able to sell back leave as he was not reenlisting, separating or retiring in FY15.  There was not enough days left in September 2015 for him to coordinate his leave once this information was confirmed.

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

STATEMENT OF FACTS:

The applicant retired on 1 March 2016 in the grade of colonel    (O-6).  He was credited with 26 years and 9 months of active duty service.  

The applicant’s Leave and Earnings Statement (LES) for the period of 1 September to 30 September 2015 reflects he had 19 days of use/lose leave.

The applicant sold 2.5 days of leave at the time of his retirement on 1 March 2016 per the Defense Finance and Accounting Service (DFAS) Master Military Pay Account (MMPA). 

Per 37 U.S.C. § 501, effective 10 February 1976, payment for accrued leave is limited to 60 days in a military career.   

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends the applicant’s record be updated to reflect 19 days of use/lose leave be added to his leave balance.  In accordance with AFI 36-3003, Military Leave Program, paragraph 10.9, Members not eligible for Special leave Accrual (SLA) can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records.  The application must establish an error or injustice by the Air Force caused the member to lose leave.  If the Board restores leave to the current leave account, the applicant must use these days before the end of the current FY.  The applicant does not qualify for SLA but did provide justification signed by the wing commander as well as leave web documents and medical documentation in support of his request.  

Should the Board elect to grant the request and the applicant separates prior to the BCMR’s adjudication, DP2SSM recommends paying the applicant for 19 days of leave at the leave settlement rate, as long as the applicant has not already sold more than 41 days of leave.
 
A complete copy of the AFPC/DP2SSM 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 6 April 2016 for review and comment within 30 days (Exhibit D).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  While we note the applicant requests 19 days of lost leave be restored to his FY16 leave balance, we note the applicant has since retired and sold only 2.5 days of leave at the time of his retirement.  In view of this, we recommend the applicant be paid for 19 days of leave at the leave settlement rate.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.   Therefore, we recommend the applicant’s record be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show Nineteen (19) days  leave was restored to his leave account commencing 2 October 2015.   

The following members of the Board considered AFBCMR Docket Number BC-2015-04362 in Executive Session on 26 January 2017 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-2015-04362 was considered:

	Exhibit A.  DD Form 149, dated 8 October 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 14 March 2016.
	Exhibit D.  Letter, AFBCMR, dated 14 March 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.