RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04256

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Fourteen days of lost leave be restored.

APPLICANT CONTENDS THAT:

He was hospitalized for injuries he incurred due to a 28-foot fall and was unable to use leave prior to the cutoff for Fiscal Year 2016 (FY 16).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

In May 2016, the applicant was hospitalized for traumatic injuries he incurred as a result of falling 28 feet from a window.  On 7 Nov 16, the applicant lost 14 days of leave.  On 28 Dec 17, the applicant sold 60 days of leave.  On 29 Dec 17, he was permanently disability retired with compensable disability rating of 100 percent.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  There is no evidence of an error or injustice.  Per AFI 36-3003, Military Leave Program, payment for leave cannot exceed 60 days in a military career.  In addition, service members are not eligible for Special Leave Accrual in conjunction with hospitalization, aeromedical evacuations, quarters, and convalescent.  The applicant sold 60 days of leave prior to his retirement. Therefore, he is not eligible to receive payment for 14 days of leave.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04256 in Executive Session on 18 Oct 18.

, Vice Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atchs, dated 29 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.