RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04767

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Twenty-seven (27) days of leave be restored to her leave balance and she receive monetary compensation.

APPLICANT’S CONTENTIONS

She resigned from a Cardiology Fellowship on 18 Oct 12.  Due to the rigorous training requirements of the fellowship, she accrued 68.5 days of leave.  Subsequently, she received a permanent change of assignment (PCA), and given the use or lose policy in effect at that time, she lost 27 days of leave.  During this time, she did not qualify for the Special Leave Accrual (SLA).  Due to the limited staffing at her current assignment, consideration of financial compensation is preferred to restoration of leave time to facilitate continuity of patient care.  

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

STATEMENT OF FACTS

The applicant is a currently serving Air Force lieutenant colonel (O-5).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-3003, Military Leave Program and the Military Leave Program Personnel Services Delivery Guide (PSDG).  Special Leave Accrual (SLA) allows members in qualifying duties to accumulate leave in excess of 60 days.  Furthermore, it should be a result of the member’s inability to take leave or to reduce their leave balance to 60 days before the end of the fiscal year while being assigned to said activities.  SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days that is a result of members’ failure to properly manage their leave balance.

Members not eligible for SLA can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records.  Requests for recovery of lost leave must include the following: 

(1) Memorandum endorsed by the unit commander denying leave due to military necessity or when in the best interests of the Air Force.  This memorandum must provide full justification, including documentation showing how the Airmen managed their leave during the year, to clearly establish an error or injustice by the Air Force that caused the Airman’s lost leave.

(2) Recommendation from the appropriate approval authority (O-6 equivalent).  The wing commander or wing vice commander has the final authority and may be delegated no lower than the first O-6 in chain of command.

Title 37, United States Code, Section 501 (Title 37 U.S.C. § 501), is the authority for payment of accrued leave upon reenlistment, retirement, separation under honorable conditions, or death.  It limits payment of accrued leave to 60 days in a military career effective 10 Feb 76.  A military career includes former service in enlisted or officer status.  Cumulative payment for accrued leave as an enlisted member, officer, or both cannot exceed 60 days.  Service members must contact their financial services office for detailed information on payment of accrued leave. 

AIR FORCE EVALUATION

AFPC/DP2SSM recommends granting the application.  According to AFI 36-3003, the applicant is not eligible for SLA; therefore, restoration of leave by the Board is required.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Due to mission requirements, the applicant’s fellowship rules and unexpected PCA, the applicant was unable to reduce her leave balance to 60 days prior to the end the fiscal year; therefore, she lost 27 days of leave. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Jan 20 for comment (Exhibit D), 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.  The Board notes the applicant’s preference for financial compensation rather than restoration of leave; however, Title 37 U.S.C. § 501 is the authority for payment of accrued leave.  Therefore, once leave has been restored to her leave account, the applicant should contact her financial services office for detailed information on payment of accrued leave.  In view of the foregoing, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that twenty-seven (27) days of leave be added to her leave account commencing 2 Oct 20.

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-2019-04767 in Executive Session on 19 Mar 20:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 4 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Jan 20.

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.