RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-00425

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be reimbursed for accrued leave.


APPLICANT CONTENDS THAT:

He never received his accrued leave balance which allegedly was 
not available at the time of his separation.  He was told that 
he would be paid at a later date.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
17 January 1971.

On 8 April 1974, the applicant was furnished an honorable 
discharge, and was credited with 3 years, 2 months, and 18 days 
of active service.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit B.


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  DPSIM states the applicant’s 
DD Form 214, Report of Separation from Active Duty, reflects he 
was not paid for days of accrued leave.  The DD Form 214 also 
states the accrued leave balance was not available at time of 
separation.




IAW AFI 36-3003, Military Leave Program, paragraph 4.6 – 
“Payment for Accrued Leave - Title 37, U.S.C., section 501, is 
the authority for payment for 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 February 1976.  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.  DoD 7000.14-R, Volume 7A, Department of Defense 
Financial Management Regulation (Military Pay Policy and 
Procedures Active Duty and Reserve Pay), states when members 
carry leave forward or receive payment for accrued leave when 
separating with or without immediate reentry on active duty.  
See your financial services office for detailed information on 
payment of accrued leave.”  IAW the applicant’s DD Form 214, the 
applicant did not receive pay for accrued leave, but the amount 
of leave the applicant had prior to separation was not annotated 
on his DD Form 214.

AFPC/DPSIM is not able to determine how much leave the applicant 
had prior to separation and how much money the applicant is 
entitled to.

A complete copy of the AFPC/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 4 May 2015 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the applicant’s request and the 
available evidence of record, we find the application untimely.  
The applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction 36-
2603.  The applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.







THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00425 in Executive Session on 28 May 2015 and 
5 June 2015, under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 28 January 2014, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIM, dated 9 April 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 4 May 2015.


1