RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-04766

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Twenty-six (26) days of lost leave be restored to his current leave account.  

APPLICANT CONTENDS THAT:

Due to a motorcycle accident on 13 Feb 17, he lost 26 days of leave due to being hospitalized, bed-bound/convalescent leave, and extensive physical therapy for approximately seven months.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of captain (O-3).  

According to documentation submitted by the applicant, he was in a serious motorcycle accident on 13 Feb 17.  He was hospitalized from 13 Feb 17 until 11 Mar 17, at which time he went on convalescent leave until 7 Sep 17.  

On 12 Oct 17, his Director, signed a memorandum stating it would be an injustice if the applicant does not recover the leave lost due to an accident that was out of his control.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant was in a serious motorcycle accident on 13 Feb 17 which resulted in him being hospitalized for one month.  Following the hospitalization, the applicant was bed ridden and on convalescent leave for five months.  He returned to work on 11 Sep 17 performing a limited schedule while attending extensive physical therapy appointments.  IAW AFI 36-3003, Military Leave Program, “Members are ineligible for Special Leave Accrual (SLA) (carry forward more than 60 days of leave into a new FY), when the following precludes using leave: Hospitalizations, aeromedical evacuations, quarters, and convalescent leaves.  However, IAW AFI 36-3003, members not eligible for SLA, can request recovery of leave days lost by submitting a DD Form 149 to the BCMR.  Per the applicant’s supporting documentation; he was hospitalized and on convalescent leave, rendering him unable to reduce his leave balance to 60 days prior to 1 Oct 17.  As he in ineligible for SLA, restoring leave must be accomplished via a BCMR submission to restore leave.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Jan 18 for review and comment within 30 days (Exhibit E).  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 twenty-six (26) days of leave were restored to his leave account.  

The following members of the Board considered AFBCMR Docket Number BC-2017-04766 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-04766 was considered:

	Exhibit A.  DD Form 149, dated 4 Oct 17, w/atchs.
	Exhibit B.  Master Personnel Records [Excerpts].
	Exhibit C.  Advisory, AFPC/DP2SSM, dated 13 Dec 17, 
			  w/atch.
	Exhibit D.  Letter, AFMRBC, dated 4 Jan 18.
	
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.