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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