RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04812 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Twenty (20) days of leave be restored to his leave account.

APPLICANT CONTENDS THAT:

From May 15 to Jul 16, he was assigned as to the Air Force Institute of Technology (AFIT) Orthopedic Fellowship at Wright-Patterson AFB.  As the only fellow, he was not authorized to take leave during the program due to the tightly scheduled curriculum.  Upon completion of the course, he had to report to a new duty location by 23 Jul 16 to receive training for his new job

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force, in the grade of Major, (Maj), O-4.

According to the documentation provided by the applicant, he was issued an AF IMT 479, Education/Training Report, dated 12 May 16, for Physician Assistant Orthopedic residency for the period of 1 Jul 15 thru 1 Jul 16.

On 15 Mar 16, the applicant was issued an AF Form 899, Request and Authorization for Permanent Change of Station, with assignment to Nellis AFB, NV, and a report not later than date of 31 Jul 16.

On 5 Jul 16, the applicant arrived on station to Nellis AFB, NV, as evidenced by SURF dated 25 Sep 17.

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 AFI 36-3003, Military Leave Program, dated 11 May 16, paragraph 6.1.8 Special Leave Accrual (SLA) Not Authorized. “Members are ineligible for SLA when the following precludes using leave: 6.1.8.1. Normal PCS moves and TDYs. 6.1.8.5. Training exercises, attending schools or courses, and research requirements.”  Additionally, paragraph 6.1.9. states, “Members not eligible for SLA, for the reasons listed in paragraph 6.1.8, can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records under the Provisions of Title 10, U.S. Code Section 1552. See AFI 36-2603. Member’s application clearly establishes that an error or injustice by the Air Force caused the member’s lost leave. If the Board restores leave to current leave account, members must use these days before the end of the current FY. (T-3)”

While the applicant’s MMPA displays the applicant lost 20 days of leave on 01 Oct 16, however the applicant did not provide documentation from the AFIT program or the Student Commander stating leave was not authorized from May 15 to Jul 16.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his request and in response to AFPC/DP2SSM memorandum, the applicant provides a copy of a memorandum signed by the AFIT program director at his last assignment indicating that during the applicant’s time in the intensive training program (Orthopedic Surgical Fellowship for Physician Assistants) between the period of 1 Jul 15 and 1 Jul 16, he was only allowed to take a maximum of 10 days of personal leave.

The applicant’s complete response, with attachments, is at Exhibit E.

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.  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.  While we note the comments of AFPC/DP2SSM indicating that relief should be denied because the applicant did not provide documentation from the AFIT program or the Student Commander stating leave was not authorized from May 15 to Jul 16, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided a supporting statement signed by the AFIT program director indicating that during his time in the intensive training program (Orthopedic Surgical Fellowship for Physician Assistants) between the period of 1 Jul 15 and 1 Jul 16, he was only allowed to take a maximum of 10 days of personal leave.  Therefore, we recommend the applicant’s records be corrected as indicated below.

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show 20 days of leave were restored to his leave account.

The following members of the Board considered AFBCMR Docket Number BC-2016-04812 in Executive Session on 12 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

				Panel Chair
				Member 
				Member

All members voted to correct the records as recommended. The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Nov 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 6 Sep 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 4 Oct 17, w/atch.
	Exhibit E.  Letter, Applicant, dated 20 Oct 17, w/atch.

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.