RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-00420

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Fourteen (14) days of leave be restored to his leave account.

APPLICANT CONTENDS THAT:

On 5 Jul 16, he received a prescribed steroid injection in the course of medical treatment.  However, the injection transmitted a Staphylococcus infection requiring surgery and hospitalization.  He was placed on convalescent leave from 15 Jul 16 to 13 Oct 16 and was unable to use leave to lower his leave balance to 60 days.  On 1 Oct 16, he lost 14 days of accrued leave which would have been taken prior to the end of Fiscal Year 2016 (FY16) if he was not on convalescent leave.

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 Master Sergeant (MSgt), E-7, with an approved retirement date of 30 Sep 18. 

According to the documentation provided by the applicant:

On 15 Jul 16, the applicant had surgery and was recommended for 90 days of convalescent leave, but approved for 30 days for the period of 14 Jul 16 to 12 Aug 16.

On 13 Aug 16, the applicant was placed on convalescent leave for the period of 13 Aug 16 to 26 Aug 16.

On 25 Sep the applicant was placed on convalescent leave.

On 27 Sep 16, the applicant was placed on convalescent leave for the period of 27 Sep 16 to 13 Oct 16.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  In accordance with (IAW) AFI 36-3003, Military Leave Program, members are ineligible for SLA for hospitalizations, aeromedical evacuations, quarters, and convalescent leaves.  However, the applicant provided sufficient evidence of hospitalization and convalescent leave records as verification that he was unable to reduce his leave balance prior to the end of FY16, therefore the applicant lost 14 days of accrued 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 30 Oct 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 error or injustice.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  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 fourteen (14) days of leave be restored to his leave account.

The following members of the Board considered AFBCMR Docket Number BC-2017-00420 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 pertaining to AFBCMR Docket Number BC-2017-00420 was considered:

	Exhibit A.  DD Form 149, dated 23 Jan 17, w/atchs.
	Exhibit B.  Extracts from the Master Personnel Records 
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 16 Oct 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 30 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.