RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04720

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Forty-Three (43) days of lost leave be restored.

APPLICANT’S CONTENTIONS

He was hospitalized from 15 Aug 17 to 27 Oct 17, which caused him to lose 13 day of annual leave for FY 17.  Immediately following his hospitalization, he had outpatient health rehabilitation five days a week from 28 Oct 17 to 1 Sep 18.  This in turn caused him to lose an additional 30 days of annual leave for FY 18. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force colonel (O-6).

According to a memorandum, dated 23 Oct 18, provided by the applicant and signed by various approval authorities including his wing commander, the applicant lost 13 days of leave in FY 17 and 30 days of leave in FY 18 due to his hospitalization and his follow-on rehabilitation.  

For more information, see the advisory at Exhibit B.

APPLICABLE AUTHORITY

IAW AFI 36-3003, Military Leave, dated 11 May 2016: 

Paragraph 6.1.8, Members are ineligible for SLA when the following precludes using leave:  Normal PCS moves and TDYs, Training exercises, attending schools or courses, and research requirements, Workload after return from deployment and members did not take leave before 1 Oct, Post-Deployment Recovery Time Post deployment/mobilization respite absence (PDMRA).

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).

AIR FORCE EVALUATION

AFPC/DP2SSM, recommends granting the application.  Due to medical issues and hospitalizations the applicant was unable to reduce his leave balance to 60 days prior to the end of two FYs, therefore he lost 43 days of leave. In accordance with AFI 36-3003, the applicant is not eligible for Special Leave Accrual (SLA); therefore, relief must be approved by the BCMR.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 12 Nov 19 for comment (Exhibit C), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that forty-three (43) days of leave be restored to his leave account commencing 2 October 2020. 

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-2019-04720 in Executive Session on 17 Dec 19:

	, Panel 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 27 Oct 19.
Exhibit B:	Advisory opinion, AFPC/DP2SSM, dated 8 Nov 19.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 12 Nov 19.

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