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AF | BCMR | CY1998 | 9800321
Original file (9800321.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  9 8 - 0 0 3 2 1  
COUNSEL:  NONE 

HEARING DESIRED:  NO c 

JW  1 2  

19% 

Applicant requests that he be paid  for 3 7   days of accrued leave 
that  he  did  not  receive  upon  separation  from  the  Air  Force. 
Applicant's submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion to  the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient  evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's requeqt is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of 
Peterson, 
application 
Air  Force 
U.S.C. 1 5 5 2  

the 
and 
on 
Inst 

Board 
Mr . 
9  June 
: ruc t ion 

Mr.  Davi 
Kenneth 
1 9 9 8   in 
3 6 - 2 6 0 3  

.d C. Van  Gasbeck, Mr.  Richard  A. 
L.  Reinertson  considered  this 
accordance with the provisions of 
,  and  the  governing  statute, 10, 

Exhibits 

A.  Applicant's DD Form 1 4 9  
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

DENVER CENTER 

6760 E. IWINGTON PLACE 
DENVER, COLORADO 80279 

DFAS-DE/FYCC 

MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ATTN:  AFBCMR 

SUBJECT:  Application for Correction of Military Records 

We examined the application for correction of military 

records for 
Since we are unable to take action to administratively provide 
the relief sought, we are forwarding it for your consideration. 

The applicant is requesting that he be paid for 37 days of 
accrued leave that he did not receive upon separation from the 
Air Force.  A review of General Court Martial Order Number 13 
dated November 12, 1997 shows  that he received a dishonorable 
discharge from the Air Force and that he was required to forfeit 
all pay and allowances.  There is no additional documentation to 
show that this discharge was upgraded to honorable conditions. 

The Department of Defense Financial Management Regulation, 

Volume 7A, paragraph 350101D states that a member who is 
discharged under other than honorable conditions forfeits all 
accrued leave to the member's  credit at the time of discharge. 

An audit of the applicant's military pay account shows that 

he had a leave balance of 37 days prior to the court martial 
action. 

Based on the evidence before us, we find there has been no 

error or injustice.  Therefore, we recommend denial of the 
applicant's request. 

. 
-
c; 
I r- * 

-

.e 

.- 
 

O u r   address i s  DFAS-DE/FYCC, 6760  E a s t   Irvington Place, 

6 7 6 - 4 8 6 9 .  

Denver,  Colorado 8 0 2 7 9 - 7 1 0 0 .  
and  he  may  be  reached  a t   DSN  9 2 6 - 4 8 6 9 ,   or  ( 3 0 3 )  

Our point of  contact  is R i c k   R o s e  

LJ&y 

Diana E. Settelmeye 
Chief,  Claims Branch 
D i r e c t o r a t e   of  D e b t   and  C l a i m s  

Management 



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