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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