RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-04917

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

Sixteen days of annual leave that was charged in lieu of convalescent (maternity) leave be restored to her leave balance.

APPLICANT CONTENDS THAT:

She was never made aware that out-processing for her Permanent Change of Station (PCS) move while on maternity leave would cause her maternity leave to be terminated.

On 27 Jan 16, upon the birth of her son, she was allotted six weeks of maternity leave.  On 2 Feb 16, that leave was extended an additional six weeks due to the change in policy.

On 1 Apr 16, the applicant out-processed from Mountain Home Air Force Base (AFB), Idaho through the 366th Force Support Squadron (366 FSS) Military Personnel Section (MPS).  She was informed she could complete her maternity leave at her next base, Shaw AFB, SC, as long as her future supervision was aware and concurred.

She departed Mountain Home AFB with her family on 3 Apr 16, arriving at Shaw AFB on 5 Apr 16.  Upon arrival, the applicant met her new supervisor and the Communications Squadron secretary.  Both individuals were aware she was still on maternity leave and was to continue to complete her leave as normal.  She was not required to officially in-process until her maternity leave was completed on 25 Apr 16.  She was told she would have eight duty days to house hunt, so her first official day of duty was 5 May 16.

The Shaw AFB MPS consulted with Mountain Home AFB and determined the cause of her erroneously charged leave was her being permitted to final out-process from Mountain Home while still in convalescent (maternity) leave in accordance (IAW) with Air Force Instruction 36-3003, Military Leave Program, paragraph 4.2.1.1.1., which states it is not permissible to move between bases PCS while being on convalescent leave.

The Mountain Home MPS did not conduct a PTI 801 departure on her, nor did they confirm her duty status during out-processing.  Her convalescent leave was never “formally” cancelled via Part III of the Air Force Form 988, IAW AFI 36-3003, paragraph 4.2.1.6..  Her convalescent leave was cancelled in the system by Shaw AFB Comptroller (FM) during her in-processing.  According to FM, all calendar days between duty locations minus travel days can only be computed as ordinary leave.

She was improperly counselled at her losing base.  If she had known the remainder of her maternity leave would be forfeited if she continued with her PCS move, she would have elected to remain at Mountain Home until her maternity leave ended.

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

STATEMENT OF FACTS:

On 11 Dec 07, the applicant initially entered the Regular Air Force.

On 4 Jan 16, under Special Order No. AJ-027498, the applicant was directed to Permanent Change of Station (PCS) to the 20th Communications Squadron, Shaw Air Force Base, South Carolina, with a Report Not Later Than Date (RNLTD) of 30 Apr 16.

The applicant is currently serving on active duty with the Regular Air Force. 

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 error or injustice.

In accordance with AFI 36-3003, dated 11 May 2016, paragraph 4.2.1.1.1. Absence from duty because of pregnancy and childbirth. During pregnancy, members continue to perform normal duties as long as they are medically fit to do so.  When it is necessary for the member's or fetus' health and safety, convalescent leave is appropriate as long as it is medically required.  For childbirth where member retains the child(ren), postpartum Maternity leave following normal pregnancy is 84 days.  Maternity leave begins the day of discharge from the medical treatment facility or following a birth event (whichever is later) and continues through the end of the 84-day period, unless otherwise extended by a physician.  Medical authorities determine whether the member’s medical condition warrants convalescent leave beyond 84 days.  Members may elect to return to work prior to the end of the authorized 84-day period; however, all remaining days will be forfeited.  Note: For a member who gives birth but does not retain the child(ren), medical authorities will prescribe convalescent leave consistent with AFI 41-210.

Paragraph 4.2.1.2.  Medical Authority.  The medical authority or attending physician determines:
	     4.2.1.2.2.  Whether the member can depart the local area while on convalescent leave.

There is insufficient evidence as the applicant did not provide a signed memorandum from the Senior Airman who briefed and out-processed her.  Additionally, the MPS never stated she was not briefed properly as the email from the 366 FSS provides the guidance and actions the applicant took prior to her move.  When the applicant’s convalescent leave was extended due to the new guidance to extend maternity leave from 42 to 84 days, no action was taken by the applicant or her leadership to extend her Report Not Later Than Date (RNLTD) to Shaw AFB, SC.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated her original contention that she was miscounseled by 366 FSS/MPS personnel regarding the impact her PCS would have on her maternity leave.  She also reiterated she followed the required out-processing steps to include out-processing from the 366th Medical Group and at no time was informed she could extend her RNLTD to avoid loss of maternity leave.  Finally, the applicant emphasized the evidence she provided, an email from the 366 FSS/MPS Section Chief, stated she was not informed regarding the potential to lose her maternity leave if she PCS’d.  This was the only evidence available to her as the Airman that conducted her out-processing is no longer active with the Air Force.

A complete copy of the Applicant’s Rebuttal 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.  We took notice of the applicant’s complete submission, to include her rebuttal, in judging the merits of the case.  While we note the recommendation of the Air Force office of primary responsibility (OPR) to deny the applicant’s request based upon a lack of evidence, we find the email from the 366 FSS/MPS Section Chief verifying the lack of counseling compelling and it provides 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to restore sixteen (16) days of leave to her current leave account.

The following members of the Board considered AFBCMR Docket Number BC-2016-04917 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-04917 was considered:

	Exhibit A.  DD Form 149, dated 6 Dec 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 11 Sep 17.
	Exhibit D.  Letter, AFBCMR, dated 27 Sep 17, w/atch.
	Exhibit E.  Letter, Applicant Rebuttal, dated 19 Oct 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-04917, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.