RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04982

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:  

Twenty-two (22 days) of lost leave be restored.  

APPLICANT CONTENDS THAT:  

She was diagnosed with breast cancer twice in one year.  She underwent cancer treatment and was on convalescent leave from 2 Nov 16 through 2 Oct 17.  She was unable to take leave. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:  

The applicant is a master sergeant in the Regular Air Force.  

Her military pay records reflect she lost 22 days of leave on 1 Oct 17.  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 approval.  The applicant provided evidence from her primary care manager and commander stating she was on convalescent leave and in medical care throughout FY17 and was unable to deplete her use/lose leave balance prior to 1 Oct 17.  The applicant is not eligible for special leave accrual (SLA) per AFI 36-3003, Military Leave Program, and therefore a BCMR application is required for restoration of leave.  Should the Board grant the request, the applicant must use the leave before the end of the current fiscal year.  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 20 Mar 18 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 injustice.  The Board concurs with AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  However, due to the upcoming end of the current fiscal year, it is our recommendation the lost leave be restored to her leave account commencing on 2 Oct 18 to ensure she is afforded the opportunity to use her leave.  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 twenty-two (22) days of leave was restored to her leave account commencing 2 Oct 18.  

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-2016-04982 in Executive Session on 24 Apr 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 31 Oct 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2SSM, dated 27 Dec 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 20 Mar 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.