RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01815
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive payment for accrued annual leave at the time of his separation.
________________________________________________________________
APPLICANT CONTENDS THAT:
Since his leave balance was not available at the time of his separation, he
is unsure if he received payment for the leave.
In support of his request, applicant provides a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JFEAA/IN reviewed this application and recommends denial. DFAS notes
the applicant’s DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, reflects in the Remarks section that his accrued
leave balance was not available at the time of his separation. DFAS
further notes they were unable to retrieve pay records to verify if there
was a leave balance to sell or any record that such a settlement had been
processed as a claim after the fact.
DFAS requested the applicant provide a copy of his last leave and earning
statement or his separation orders to aid in determining if he had a leave
balance remaining.
The complete DFAS-JFEAA/IN evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Dec 10, a copy of the Air Force evaluation was forwarded to applicant
for review and comment within 30 days (Exhibit D). To date, a response has
not been received.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
We have carefully reviewed the applicant’s submission and the evidence of
record and do not find a sufficient basis to excuse the untimely filing of
this application. The applicant did not file within three years after the
alleged error or injustice was discovered as required by Title 10, United
States Code, Section 1552 and Air Force Instruction 36-2603, Air Force
Board for Correction of Military Records. The applicant has not shown a
plausible reason for the delay in filing, and we are not persuaded that the
record raises issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of justice to
excuse the untimely filing of this application.
________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the interest of
justice to waive the untimeliness. It is the decision of the Board,
therefore, to reject the application as untimely.
________________________________________________________________
The following members of the Board considered Docket Number BC-2010-01815
in Executive Session on 16 Feb 11, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2010-01815 was considered:
Exhibit A. DD Form 149, dated 27 Arp 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-JFEAA/IN, undated.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.
Panel Chair
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