RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01208

	COUNSEL:  NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The leave she lost at the end of Fiscal Year 2017 be restored.

APPLICANT CONTENDS THAT:

She experienced a high-risk pregnancy.  Due to being placed on bedrest, she was prevented from taking her projected leave.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the Regular Air Force in the grade of captain.  

IAW AFI 36-3003 AFGM2017-01, dated 26 July 2017, paragraph 6.1.8. SLA Not Authorized. Members are ineligible for SLA when the following precludes using leave: 6.1.8.3. Hospitalizations, aeromedical evacuations, quarters, and convalescent leaves.

IAW AFI 36-3003 AFGM2017-01, dated 26 July 2017, paragraph 6.1.9. Members not eligible for SLA, for the reasons listed in paragraph 6.1.8, can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records under the Provisions of Title 10, U.S. Code Section 1552. See AFI 36-2603. Member’s application clearly establishes that an error or injustice by the Air Force caused the member’s lost leave. If the Board restores leave to current leave account, members must use these days before the end of the current FY. (T-3)

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.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Due to unforeseen medical circumstances the applicant was unable to reduce her leave balance prior to the end of the fiscal year.   

By way of background, the applicant was placed on bedrest due to high-risk pregnancy resulting in an unexpected emergency surgery in April 2017. After surgery, she was placed on extended convalescent leave, which was monitored closely by specialists due to medical complications.  The applicant had scheduled leave in June 2017, however the applicant was placed on bedrest and activity restrictions in April 2017; therefore, the applicant was unable to take her scheduled 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 20 Aug 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 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 substantiates the applicant’s contentions. Therefore, the Board recommends 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 17.5 days of leave were restored to her current leave balance.

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-2018-01208 in Executive Session on 26 Sep 18:

, Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 21 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 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.