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Decision Text

AF | BCMR | CY2009 | BC 2009 00883
Original file (BC 2009 00883.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00883
		COUNSEL:  NONE
		HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:


1. He be reimbursed $66.00 for billeting fees.  

2. Any personal derogatory references on the AF Form 139 (Adjustment Authorization) be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He departed from billeting and Ellsworth Air Force Base on       4 August 1984, which means he was not at the billeting during the months stated on AF Form 139 (September, October, and November 1984).

In support of his request, he provides a copy of AF Form 139, a copy of a registration card, and copies of billeting receipts.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force after serving over 20 years in the grade of master sergeant (E-7) having assumed that grade effective and with a date of rank of          1 September 1979. 

Defense Finance and Accounting Service (DFAS) does not have data available for 25 years ago.

________________________________________________________________

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 an error or injustice.  We took careful notice of the applicant's complete submission in judging the merits of the case; however, the evidence provided is insufficient to determine that the DD Form 139, Pay Adjustment Authorization, deducting $66.00 from his pay for unpaid billeting fees was prepared erroneously.  Unfortunately, due to the passage of time since this action occurred, pertinent records are no longer available.  Therefore, based on the presumption of regularity in the conduct of government affairs, we must assume that the action was proper and the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the requested relief. 

_________________________________________________________________

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-2009-00883 in Executive Session on 20 May 2009, under the provisions of AFI 36-2603:

	, Panel Chair
	Ms. Barbara J. Barger, Member
	Mr. Noble K. Eden, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 March 2009, w/actchs.




                                                Panel Chair






2




DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC




Office of the Assistant Secretary




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