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AF | BCMR | CY2011 | BC-2010-01815
Original file (BC-2010-01815.doc) Auto-classification: Denied

                            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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