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AF | BCMR | CY2003 | BC-2003-02568
Original file (BC-2003-02568.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02568
                                       INDEX CODE:  128.00

      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid $80 due him at the time of his discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not paid in full at the time of his discharge.  He  contacted  the
appropriate offices at the time; however, he never received a payment  or
response.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 18 December 1946, the applicant enlisted in the Regular  Army  at  the
age of 18 in the grade of private for a period of three  years.   He  was
progressively promoted to the grade of corporal (E-4).  On 20 June  1949,
the applicant transferred to the Regular Air Force.  On 17 December  1949
the applicant was honorably discharged for  completion  of  his  term  of
service.  He had served 3 years on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE indicates that the applicant has not provided any supporting
documentation  to  substantiate  his  claim.   Furthermore,   since   the
applicant is requesting backpay from 1949, the Barring Act  of  1940,  as
amended by 31 U.S.C. 3702 would preclude payment of any claim.  The DFAS-
POCC/DE assessment is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant  on  29
August 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 probable error or injustice.  After reviewing the  evidence  of
record, the Board is not persuaded that the applicant has  been  the  victim
of an error or injustice.  The  applicant  asserts  that  he  is  owned  $80
backpay due him at the time of his discharge.  However, he has  provided  no
evidence showing what the outstanding monies due him were  for  or  that  he
was not paid in full all monies due him at the time of  his  discharge.   In
the absence of such evidence, we agree with the opinion  and  recommendation
of the Air Force office of primary responsibility and adopt their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Accordingly, we find  no  compelling  basis  upon
which to grant 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 this application in  Executive
Session on 20 November 2003, under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Kathleen F. Graham, Member
            Mr. Albert Ellet, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2003-02568
was considered:

     Exhibit A.  DD Forms 149, dated 25 Jul 02.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, DFAS-POCC/DE, dated 12 Aug 03.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Aug 03.




                                  RICHARD A. PETERSON
                                  Panel Chair

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