RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02782

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receives payment for accrued leave days.  

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APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, was corrected.  However he was never paid 
for the leave days he accrued while on active duty.    

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

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STATEMENT OF FACTS:

On 5 Aug 69, the applicant was honorably discharged and 
reenlisted into the Air Force.  The remarks section of his DD 
Form 214 reflects he carried forward 33.5 days unused accrued 
leave.    

On 14 Aug 73, the applicant was honorably discharged at the 
expiration of his term of service.  His DD Form 214, block 26b 
reflects that he was not paid accrued leave and block 30, 
indicates his accrued leave balance was not available at the 
time he applied for separation. 

On 21 Nov 80, applicant was honorably discharged from the Ohio 
Air National Guard and as a Reserve of the United States Air 
Force.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C. 

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AIR FORCE EVALUATION:

DFAS recommends denial, indicating the applicant’s request 
should be denied as untimely.  The applicant was discharged from 
the Ohio Air National Guard in 1980 and had six years from his 
date of separation to make a claim against the government for 
any back pay or entitlements, including any unused leave.  In 
accordance with 31 USC § 3702, a claim is barred unless it is 
received within 6 years after the date the claim first accrued.  
Access to records is also a factor in the payment of unused 
leave.  At this time, no records are available of the 
applicant’s leave accrual and use from 1973.  Further, while the 
applicant claims that his DD Form 214 was corrected, he does not 
indicate what was corrected, when, or by what authority.  While 
his DD form 214 indicates that his accrued leave balance was not 
available at the time of his separation, it is the service 
member’s responsibility to know what their leave balances are at 
all times.

A complete copy of the DFAS-IN evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Dec 12 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D). 

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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 an error or injustice.  After 
careful consideration of applicant's request and the available 
evidence of record, we are not convinced that corrective action 
is warranted.  While the applicant’s DD Form 214 does indicate 
that accrued leave was not paid in conjunction with his 1973 
discharge because his accrued leave balance was “not available,” 
we note that pertinent records are not available for our review 
to make a reasonable determination of what the applicant’s leave 
balance should have been.  Therefore, in view of the passage of 
time and in the absence of any documentary evidence related to 
the applicant’s leave accrual and use during the matter under 
review, we are not inclined to recommend granting the relief 
sought in this application.  Should the applicant provide such 
documentation, we would be inclined to reconsider his request 
based on new evidence.  Therefore, in view of the above, we find 
no basis to recommend granting the relief sought in this 
application. 

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
accrued unused leave at the time of separation which would be 
documented on the applicant’s final leave and earnings 
statement.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-02782 in Executive Session on 20 February 2013, 
under the provisions of AFI 36-2603:

 Panel Chair
 Member
 Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Jun 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, DFAS-IN, undated.
     Exhibit D.  Letter, SAF/MRBR, dated 14 December 2012. 




                                                       
Panel Chair