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AF | BCMR | CY2009 | BC-2008-01132
Original file (BC-2008-01132.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01132
            INDEX CODE:  128.13

      XXXXXXXXXXXX     COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for  an  additional  clothing  allowance  for  his
Active  Duty  Guard  Reserve  (AGR)  tour  from  May  1992  through
June 1996.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised to submit a correction of record application by  the
Reserve Pay office  at  the  Headquarters,  Air  Reserve  Personnel
Center (HQ ARPC), Reserve Management Group (RMG).

In support of his appeal, the applicant submits an  AF  Form  1969,
Officer Uniform Allowance Certification; a copy of the Colorado Air
National  Guard  (ANG),  Special  Orders  383  and   463,   and   a
DD Form 214, Certificate of Release or Discharge from Active  Duty,
issued 28 Jun 96.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant served on extended active duty (EAD) from 12  May  92
until 9 Aug 92 (in the grade of second lieutenant  (2Lt))  (Special
Order A-383).  On 8 Aug 92, he was ordered to EAD  for  the  period
from 10 Aug 92 to 9 Aug 97 to complete an AGR tour (Special Order A-
463).

On 28 Jun 96, the applicant was released from active  duty  in  the
grade of captain, with a date of rank (DOR) of 2 Oct 94.

DOD Financial Management Regulation (DODFMR),  Volume  7A,  Chapter
30, states that officers may become entitled to an initial  uniform
allowance and/or an additional active  duty  uniform  allowance  as
reimbursement for the purchase of required uniforms and  equipment.
This allowance is not  payable  if  the  officer  has  received  an
initial uniform allowance of more than $200 during the current tour
of active duty, or within a period of 2 years  before  entering  on
that tour.

___________________________________________________________________

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, based on evidence presented in this application  and
the governing authority, Department of Defense Financial Management
Regulation Volume 7A, Chapter 30, it appears he was paid an initial
clothing allowance less than two years prior to his entry on active
duty, in 1992.  As such, he is not entitled to any further  uniform
allowance.  Therefore, in the absence of persuasive 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-2008-01132 in Executive Session on 11 February 2009,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Debra M. Czajkowski, Member
      Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

DD Form 149, dated 14 Mar 08, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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