RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00499

	COUNSEL:  

	HEARING:   NO

APPLICANT’S REQUEST.  That he be paid for 27 days of leave lost due to no fault of his own.   

APPLICANT’S CONTENTION.  He was hospitalized and was restricted from taking leave from 7 Dec 15 to present.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant retired on 27 Sep 17 in the grade of technical sergeant.  According to a 325 MDOS/SGOW memorandum dated 18 Oct 16, provided by the applicant, he was on a continuous profile for all of 2016 that recommended “no extended temporary duty (TDY) or leave without prior provider coordination and approval.”  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 granting the application.  The applicant provided a memorandum signed by his Primary Care Manager stating he was unavailable to take leave throughout Fiscal Year 2016, therefore, he lost 27 days of accrued leave.  The applicant has sold 1 day of leave within his military career and payment of 27 days will not exceed the 60 days sold within a career.  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 30 Nov 17 for comment (Exhibit D), but has received no response.  

THE BOARD CONCLUDES:

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 the victim of an error and injustice.  The Board concurs with AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  Twenty-seven (27)  days of leave be restored. 

	b.  He be paid for 27 days of accrued leave IAW AFI 36-3003, Military Leave Program, paragraph 3.6.

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 AFBCMR Docket Number BC-2017-00499 in Executive Session on 29 Mar 18:

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 16 Nov 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2SSM, dated 24 Oct 17, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 30 Nov 17.

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