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AF | BCMR | CY2005 | BC-2005-00032
Original file (BC-2005-00032.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00032
            INDEX CODE:  128.14
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      Mandatory Case Completion Date:  7 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid for accrued leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because of an incorrect zip code, he never received his leave to be paid  at
his discharge.

In support of his request,  applicant  provided  a  copy  of  his  reporting
orders and a copy of his DD Form  214,  Report  of  Separation  from  active
duty.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  6
Oct 72.  He was progressively promoted to the grade of airman  first  class,
having assumed that grade effective and with a date of rank  of  6  Oct  73.
On 9 Mar 75, he was honorably discharged.  He served 2 years, 5 months,  and
4 days on active duty.  His DD Form 214, item 22, Days  Accrued  Leave  Paid
reflects "Not Paid - Leave to be claimed."

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE recommends denial.  DFAS states the applicant has  provided  no
proof that he did not receive payment and has waited 30 years  to  make  his
request.  Pay records are not available to verify if  he  was  entitled  pay
for accrued leave at his separation.  The DFAS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to  the  applicant  on  28
Jan 05 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the Defense Finance and Accounting  Service  that  in  the  absence  of
evidence  to  substantiate  his  contentions,  corrective  action   is   not
warranted.   Therefore  we  adopt  its  rationale  as  the  basis  for   our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Accordingly, in the absence of  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-2005-
00032 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:


      Ms. Cathlynn B. Sparks, Panel Chair


      Mr. Terry L. Scott, Member

      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC-DE, dated 20 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

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