RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04903

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Twenty-one (21) days of lost leave during 2-year Air Force Endodontics Residency program be reinstated to be used in FY16.

APPLICANT CONTENDS THAT:

She started a 2-year Air Force Endodontics Residency programs in June 2014.  Residents were informed leave is only possible during a 2-week Christmas break, 1-week spring break and 1-week summer break.  Air Force residents were not allowed spring break due to Master Degree Research Project requirements.  She applied for leave three times during the summer/fall in 2015, and each request was denied due to training requirements.  During the second year orientation, they were told they could only take leave during the 2-week Christmas break.  The Dental Residency program ends Jun 16 and she plans to use leave before arrival at her primary duty station.  

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 major (O-4).  

On 23 Apr 14, Special Order No. AH-074807, was issued directing the applicant to report to the 2-year Air Force Endodontics Residency program no later than 4 Jun 14.

According to the applicant’s 1-31 Oct 15 leave and earnings pay statement, she lost 21 days of leave.  

On 30 Jun 16, the applicant completed the Air Force Endodontics Residency program.  

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/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  In accordance with (IAW) AFI 36-3003, Military Leave Program, Paragraph 10.6. “Special Leave Accrual (SLA) Approval Authority.  The wing or vice commander has final approval authority.  (Wing/CC or Wing /CV will recommend approval for SLA packages requiring AFBCMR approval).  At other organizations (i.e. Air Staff, MAJCOM, FOA, DRU) the senior officer representative (O-6 and above) or equivalent at the directorate level approves SLA for his/her organization.  At joint organizations, the senior Air Force officer representative on staff approves SLA for members assigned to units, headquarters, and supporting staffs.”  IAW AFI 36-3003, Paragraph 10.9 “…Member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.”  

The applicant did not meet the eligibility requirement IAW AFI 36-3003 Paragraph 10.2.2 “Members assigned to a HFP/IDP area for a continuous period of at least 120 days are authorized to retain such leave up to 120 days but not to exceed the total number of continuous days assigned to the unit or qualifying duty until the end of the second fiscal year in which the duty assignment is terminated.”  They recommend denying the applicant’s request due to insufficient evidence; she did not provide an SLA memorandum with approval authority signature.  Additionally, she did not meet the eligibility requirements by deploying for more than 120 days.  Also, she failed to provide justification/documentation as to why she was unable to take leave prior to the start date of the dental residency program. 

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 11 Aug 16 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.  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; however, 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 not been the victim of an error of injustice.  In this respect, we do not find the evidence submitted sufficient to conclude that the applicant was unable to take leave prior to the start date of the dental residency program.  If the applicant submits documentation indicating she was unfairly denied leave, the Board would be inclined to reconsider her request.  Therefore, in view of the above, and in the absence of evidence to the contrary, we find no compelling 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-2015-04903 in Executive Session on 20 Oct 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04903 was considered:

	Exhibit A.  DD Form 149, dated 8 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 21.Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 16.

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.