RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03909
							INDEX CODE:  128.02
  XXXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

  							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive military pay for July and August 1956.  

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APPLICANT CONTENDS THAT:

He was never paid for July and August 1956 due to administrative 
errors.  

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the Unites States Report of 
Transfer or Discharge.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records are unavailable.  
However, according to the DD Form 214 provided by the applicant, 
he entered active duty on 15 June 1956 at the age of 17 for a 
period of four years.  He was progressively promoted to the 
grade of airman first class (E-4) with a date of rank of 1 March 
1960.  On 14 June 1960, he was honorably released from active 
duty for expiration of term of service.  He served four years on 
active duty.  

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AIR FORCE EVALUATION:

DFAS-JECC/DE recommends denial of the applicant’s request.  DFAS 
states the applicant’s military pay records are no longer 
available; therefore, they have disallowed his claim.  
Department of Defense Instruction 1340.21, enclosure 5, 
paragraph E 5.7, indicates “The claim must prove, by clear and 
convincing evidence, on the written record that the United 
States is liable to the claimant for the amount claimed.  All 
relevant evidence to prove the claim should be presented when a 
claim is first submitted.  In the absence of compelling 
circumstances, evidence that is presented at later stages of the 
administrative process will not be considered.”  

DFAS states the applicant does not meet his burden of proof, and 
in a situation, such as this, where written records that may 
prove or disprove the validity of his claim are unavailable, 
their office has no alternative but disallow his claim.  

The DFAS evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 January 2008 for review and comment within 30 
days.  As of this date, this office has received no response. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of probable error or injustice.  After 
reviewing the evidence of record, we are not persuaded that the 
applicant has been the victim of an error or injustice.  He has 
provided no evidence showing that he was not paid in full all 
monies due him for the period of July and August 1956.  In 
addition, we note that because of his excessive delay in filing 
a claim for the alleged nonpayment, his military pay records are 
no longer available for verification.  In the absence of such 
evidence, we agree with the opinion and recommendation of the 
Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Accordingly, we 
find no compelling basis upon which to grant the relief sought 
in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

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The following members of the Board considered this application 
in Executive Session on 20 February 2008, under the provisions 
of AFI 36-2603:

			XXXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXXX, Member
			XXXXXXXXXXXXXXX, Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2007-03909:

	Exhibit A.  DD Form 149, dated 6 Nov 07, w/atch.
	Exhibit B.  Letter, DFAS-JECC/DE, dated 4 Jan 08. 
	Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 08.




                                   XXXXXXXXXXXXXXXX
                                   Panel Chair