RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01439 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her 13 days of lost leave for fiscal year 2015 (FY15) be restored.

APPLICANT CONTENDS THAT:

On 26 Mar 15 she developed a cerebral spinal fluid leak, which was not repaired until 21 Sep 15.  The surgery to repair the leak then caused paraplegia.  Due to extensive periods of convalescent leave and hospitalization she was unable to take leave before the end of FY15.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Apr 00.

On 28 Oct 16, the applicant was furnished an honorable discharge, and was credited with 16 years, 6 months, and 3 days of active service.  

Effective 29 Oct 16, she was permanently disability retired in the grade of Technical Sergeant with a compensable percentage for physical disability of 100 percent. 

DD Form 214, Certificate of Release or Discharge from Active Duty, Item 16, Days Accrued Leave Paid, reflects zero.

The applicant was on convalescent and regular leave in FY15 for the following periods:

Convalescent Leave	24 Oct – 22 Nov 14	30 days	
Convalescent Leave	23 Nov – 4 Dec 14	12 days	
Regular Leave	29 Dec 14 – 2 Jan 15	5 days	
Regular Leave	13 Feb 15	1 day	
Regular Leave	13 Mar 15	1 day	
Regular Leave	20 Mar 15	1 day	
Convalescent Leave	26 May – 24 Jun 15	30 days	
Convalescent Leave	27 Jul – 7 Aug 15	12 days	
Convalescent Leave	8 Aug – 6 Sep 15	30 days	
Convalescent Leave	8 Sep – 30 Sep	23 days	

In accordance with AFI 36-3003, Military Leave Program, Paragraph 6.1.8.3. special leave accrual (SLA) is not authorized for periods of hospitalization or convalescent 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/DP2SSM initially recommended denial indicating there is no evidence of an error or an injustice.  

The applicant was not on convalescent leave 25 Jun-26 Jul 15, and failed to provide the circumstances/documentation that prevented her from taking leave between these dates.

However, in further clarifying correspondence with the AFBCMR staff, AFPC/DP2SSM reversed its recommendation to grant her request.  

A complete copy of the AFPC/DP2SSM evaluation and additional correspondence is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Feb 17 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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the initial comments of AFPC/DP2SSM indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that she was prevented from taking leave between 25 Jun – 26 Jul 15, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we agree with AFPC/DP2SSM’s subsequent recommendation for relief and further note the applicant’s excessive convalescent periods and minimal opportunities to take regular leave.  Therefore, we recommend the applicant’s records 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 that 13 days of leave were added to her leave balance.

The following members of the Board considered AFBCMR Docket Number BC-2016-01439 in Executive Session on 3 Aug 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01439 was considered:

	Exhibit A.  DD Form 149, dated 16 Mar 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 19 Jul 16 and 
			  additional email correspondence.
	Exhibit D.  Letter, AFBCMR, dated 22 Feb 17.
	
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.