RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02913
INDEX CODE: 121.00
XXXXXXXXXXXXXXXX COUNSEL: NO
XXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid for 33 days of accrued leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to recovery of a head injury, twenty years passed before he discovered
he was still owed for 33 days of accrued leave.
In support of his application, he provides copies of medical evaluations
and treatments. The applicant’s complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 February 1979, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of airman basic (E-1) for a period of four years.
He was progressively promoted to the rank of airman first class (E-3.
During the period 21 August 1980 through 13 August 1981, the applicant
received five counselings, three reprimands, an Article 15 and a vacation
of suspended Article 15 punishment for infractions contributable to an
apathetic and defective attitude. On 27 August 1982, his squadron section
commander recommended the applicant for a general discharge without
probation and rehabilitation for conduct below acceptable standards. On
28 August 1981, the applicant acknowledged receipt of the discharge
recommendation, consulted counsel, and submitted a statement in his own
behalf. On 30 September 1981, the staff judge advocate found the discharge
recommendation to be legally sufficient. The discharge authority approved
the applicant’s general discharge under provisions of AFM 39-12, Chapter 2,
Section A, paragraph 2-4c, without probation and rehabilitation.
The applicant was discharged effective 19 October 1981 with a general
discharge, separation code JMJ (unsuitability - apathy defective attitude)
and a reenlistment code 2B (discharged under
general or other-than-honorable conditions). The applicant served 2 years,
8 months and 9 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-POCC/DE recommends denial. DFAS states that the applicant did not
provide any documentation to substantiate his claim. The applicant’s DD
Form 214, Certificate of Release or Discharge From Active Duty, indicates
he was paid for 33 days of accrued leave at the time of his separation, 19
October 1981. The applicant’s military pay records for 1981 are no longer
available to verify if any settlement of accrued leave was paid upon
separation. Normally, when a member is separated from active duty under
honorable conditions, any leave accrued is paid at separation. When
government records are unavailable and the applicant is unable to provide
sufficient evidence that the request is valid, the request should be
denied. Based on non-availability of records to verify the applicant did
or did not receive payment of accrued leave, DFAS recommends denial (see
Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24
January 2003 for review and comment within 30 days. As of this date, this
office has received no 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. The applicant asserts that he was not
paid for his unused accrued annual leave at the time of his separation.
However, his DD Form 214 indicates that he was paid for 33 days of
accrued leave when he separated on 19 October 1981. Unfortunately, it
appears the applicant’s military pay records are no longer available to
verify any settlement. In cases of this nature, regularity is presumed
in the actions by government officials in the absence of a showing of
error or injustice. Other than the applicant’s assertions, we have no
such showing here. Accordingly, the applicant’s request is not favorably
considered.
___________________________________________________________________
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 this application in
Executive Session on 19 March 2003, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Ms. Patricia D. Vestal, Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence for AFBCMR Docket Number BC-2002-02913
was considered:
Exhibit A. DD Form 149, dated 23 Aug 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-POCC/DE, dated 21 Nov 02.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 03.
ROSCOE HINTON JR.
Panel Chair
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