RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02646 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be paid for the leave he accrued at the time of discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not receive any pay for his accrued leave upon his discharge from active duty. In support of his request, the applicant provides a copy of his DD Form 214, Report of Separation from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 24 Aug 75, the applicant was discharged from the Air Force. His DD Form 214, Block 27, Remarks, reflects “Leave balance not available at time of separation.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. The applicant’s DD Form 214, Block 22, Days Accrued Leave Paid, reflects he did not receive pay for accrued leave; however, the amount of leave he had prior to separation was not annotated on his DD Form 214. DPSIM states they were unable to determine how much leave the applicant had prior to his separation or how much money he was entitled to. The complete DPSIM evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Mar 14, for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and careful consideration of the applicant's contentions, we are not persuaded that he has been the victim of an error or injustice. Although the applicant's contends that he did not receive any pay for his accrued leave, he has not provided sufficient evidence to show that he was entitled to the pay he is requesting. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as basis for our conclusion that the applicant has not been the victim of an error or injustice. Absent persuasive evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered BC-2013-02646 in Executive Session on 24 Apr 14, under the provisions of AFI 36- 2603: Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02646 was considered: Exhibit A. DD Form 149, dated 16 May 13, w/atch. Exhibit B. Letter, AFPC/DPSIM, dated 12 Feb 14. Exhibit C. Letter, SAF/MRBR, dated 7 Mar 14 Chair