RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
03818
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 JUNE 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He receive all back pay and compensation from the date of his
discharge, 29 Jan 73.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He has been denied back pay and compensation for over 31 years. He
was told his records were lost, but he is now remitting proof.
In support of his request, the applicant provided copies of his
Discharge Certificate, DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge, and AF Form 356,
Proceedings and Findings of USAF Physical Evaluation Board.
Applicant’s complete submission, with attachments, is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 19 May 72, in the
grade of airman basic, for a period of four years.
On 5 Jan 73, a Physical Evaluation Board (PEB) diagnosed the
applicant with essential hypertension, controlled by multiple
therapy. The Board recommended discharge with severance pay and a
10 percent disability rating. On 11 Jan 72, applicant agreed with
the findings and recommended disposition of the PEB.
On 12 Jan 73, the Special Assistant to the Secretary of the Air
Force Personnel Council determined applicant was physically unfit
for continued military service and directed discharge with
severance pay under the provisions of Title 10, USC, 1203, with
severance pay computed under section 1212 of this title.
On 29 Jan 73, applicant was honorably discharged from the Air Force
with disability severance pay in the grade of airman (E-2), with a
compensable percentage for physical disability of 10 percent. He
completed 8 months and 11 days of service under Title 10, USC,
Section 1203.
___________________________________________________________________
AIR FORCE EVALUATION:
DFAS-POCC/DE reviewed this application and recommends denial,
stating, in part, that the applicant’s military pay records are no
longer available from 1973 to verify whether or not he received his
pay. When Government records are no longer available and the
applicant is unable to provide sufficient evidence that supports
his request is valid, the request should be denied. Based on
nonavailability of records to verify if the applicant did or did
not receive all the pay and compensation he was entitled to, they
recommend denial of his request.
The complete Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responds stating a mistake was made in the statement
by the advisory writer. He is requesting basic pay and back
compensation due him after 29 Jan 73, not prior to 29 Jan 73.
While being processed for discharge he was told he could receive
monthly payments or wait to get a lump sum later when he might
really need it. He needs it now. Due to his blood pressure over
the years he can not work and probably will not live many more
years. He is homeless and has no vehicle. He needs this
settlement as soon as possible.
Applicant’s complete response, with attachments, is at Exhibit E.
___________________________________________________________________
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 regarding his
request he receive all back pay and compensation from 29 Jan 73,
the date he was released from active duty. Applicant was processed
through the Disability Evaluation System (DES) and received a 10
percent disability rating along with severance pay at the time of
his discharge. After careful review of this application, we agree
with the recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for
our decision that the applicant has not been the victim of either
an error or an injustice. Evidence has not been provided which
would lead us to believe that the applicant was not paid a
disability severance pay at the time of his discharge. Therefore,
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 Docket Number BC-2005-
03818 in Executive Session on 22 March 2006, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Rita J. Maldonado, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-POCC/DE, dated 24 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
Exhibit E. Letter, Applicant, undated, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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