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AF | BCMR | CY2004 | BC-2004-00959
Original file (BC-2004-00959.DOC) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00959
            INDEX CODES:  121.02, 128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be paid for her accrued leave and any pay and allowances to  which
she was entitled at the time of her discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She received less than full pay during the last year of her enlistment
due to an investigation, but forfeiture of her pay and allowances  was
not authorized.  The amount of her accrued  leave  was  not  available
and, thus, she was not paid for the leave.

In support of her  appeal,  the  applicant  provided  a  copy  of  her
separation document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Jun 69 for a  period
of four years in the grade of airman basic.

She was honorably discharged on 1 Sep 73 under the provisions  of  AFM
39-10 (Insufficient service retainability for PCS (other than overseas
returnees)).  She was credited with four years, two months,  and  five
days of active service.

(EXAMINER’S NOTE:  Applicant makes reference to  an  investigation  in
her appeal, however, there is nothing in the record indicating she was
the subject of any investigation).

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE recommended denial  indicating  that  settlement  of  the
applicant’s claim is based upon written military pay records to  prove
or disprove her claim.  Since these records no longer  exist  for  the
time period in question, they are not able to verify  whether  or  not
the applicant was paid correctly.

A complete copy of the DFAS-POCC/DE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  23
Apr 04 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of  DFAS-POCC/DE
and adopt their rationale as the basis for our decision the  applicant
has failed to sustain her burden she has suffered either an  error  or
an injustice.  There is a presumption of regularity in the conduct  of
governmental affairs.  Other than her own  uncorroborated  assertions,
no evidence has been presented which would  lead  us  to  believe  the
applicant was not appropriately paid at the time  of  her  separation.
In view of the above, and in the absence of sufficient evidence to the
contrary, we find no compelling basis to recommend granting 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 AFBCMR Docket Number BC-
2004-00959 in Executive Session on 2 Jun 04, under the  provisions  of
AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Terry L. Scott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 9 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair



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