RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03798

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His lost leave on 1 Oct 16 be restored.  

APPLICANT CONTENDS THAT:

Due to the 60 day leave carryover rule, he lost leave on 1 Oct 16.  In Jan 15, he was diagnosed with cancer and was limited in the amount of leave he was able to take.  His treatments in 2016 were intensive and he was unable to use all of his leave.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired on 28 May 17 for permanent disability in the grade of lieutenant colonel (O-5).  He was credited with 24 years, 5 months and 7 days of active duty service.  

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.  The applicant failed to provide supporting documentation such as a memorandum signed by his primary care manager (PCM) or the special leave accrual (SLA) authority showing the amount of days lost.  He also submitted his DD Form 149, Application for Correction of Military Record, dated 12 Sep 16 before the leave was actually lost.
  
In accordance with AFI 36-3003, Military Leave Programs, SLA is not authorized when hospitalizations, aeromedical evaluations, quarters and convalescent leave preclude using leave.  

Members not eligible for SLA can request recovery of days lost by submitting an application to the AFBCMR.  In accordance with AFI 36-3003, the application should clearly establish that an error or injustice by the Air Force caused the lost 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 15 Sep 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.  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 or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-03798 in Executive Session on 24 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03798 was considered:

	Exhibit A.  DD Form 149, dated 12 Sep 16.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 6 Dec 16.
	Exhibit D.  Letter, SAF/MRBC, dated 15 Sep 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.