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AF | BCMR | CY2002 | BC-2002-01702
Original file (BC-2002-01702.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-01702

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He  receive  mustering-out  pay  (MOP)  of  $300.00  for  each  of  his  two
enlistments.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The applicant states that his twin brother received MOP from both  the  Army
and Air Force for his enlistments; however, he received nothing.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 February  1948,  for  a
period of three years.  He was  honorably  discharged  on  8 February  1951.
Item 38, Remarks, of the DD Form 214, issued on 8 February 1951,  indicates,
“Not entitled mustering-out payments.”

He reenlisted in the Regular Air Force on 9 February 1951, for a  period  of
three years.

The applicant was  honorably  discharged  on  11  January  1954,  under  the
provisions of AFR 39-14  (Convenience  of  the  Government)  and  AFR  39-45
(Enlisted Personnel  -  Disposition  of  Enlisted  Returnees  and  Retention
Overseas of Enlisted Personnel).  He  completed  a  total  of  5  years,  11
months, and 3 days of active service (both enlistments).  Item 38,  Remarks,
on the DD Form 214, issued on 11 January 1954, indicates, “MOP NOT AUTH.”

_________________________________________________________________



AIR FORCE EVALUATION:

DFAS-POCC/DE recommends the application be denied and states, in part,  that
the applicant’s military pay records  are  no  longer  available  to  verify
whether or not he ever  received  MOP.   In  any  case,  he  would  only  be
entitled to receive one payment of $300.00 under Public Law 82-550.

The DFAS-POCC/DE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  provided  a  response
that is at Exhibit E.

_________________________________________________________________

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.  The applicant’s military pay  records  are
no longer available; however, the DD Form 214  issued  in  conjunction  with
his 1951 discharge indicates that he was not entitled to MOP.  We note  that
under the Mustering-Out Payment Act of 1944, those members  who  engaged  in
active service in World War II and were discharged or released  from  active
duty on, or after 7 December 1941, were eligible to receive  MOP.   In  view
of this, and since the applicant did not engage in active service  in  World
War II, he was not eligible for MOP at the time of his 1951  discharge.   In
addition, the DD Form 214 issued  in  conjuction  with  his  1954  discharge
under the provisions of AFR 39-14 (Discharge  for  the  Convenience  of  the
Government) and AFR 39-45 (Disposition of Enlisted Returnees  and  Retention
Overseas of Enlisted Personnel)  indicates  that  MOP  was  not  authorized.
Under the Veterans’ Readjustment Assistance Act of 1952, certain members  of
the Armed Forces who engaged in active service during  the  period  27  June
1950 to 1 February 1955, and were discharged or relieved  from  active  duty
under honorable conditions, were entitled  to  MOP.   However,  without  the
applicant’s  military  pay  records,  we  are  unable   to   determine   his
eligibility for MOP at the  time  of  his  1954  discharge.   Based  on  the
evidence  presented,  we believe the applicant has failed to
meet his burden that he has been  the  victim  of  an  error  or  injustice.
Therefore, in the absence of evidence to the  contrary,  we  find  no  basis
upon which to favorably consider 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  Docket  Number  BC-2002-01702
in Executive Session on 19 December 2002 under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Ms. Martha Evans, Member
                       Ms. Diane Arnold, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 12 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.
    Exhibit E.  Letter, Applicant, dated 12 Dec 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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