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AF | BCMR | CY2012 | BC-2012-00737
Original file (BC-2012-00737.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
 
DOCKET NUMBER:  BC-2012-00737 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  entitled  to  a  lump  sum  payment  for  leave  accrued  at  the 
time of separation on 28 February 1973. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  accrued  leave  balance  was  not  available  at  the  time  of 
separation – 39 years ago. 
 
In  support  of  the  applicant’s  appeal,  he  provides  a  personal 
statement  and  a  copy  of  his  DD  Form  214,  Armed  Forces  of  the 
United States Report of Transfer or Discharge. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant enlisted in the Regular Air Force on 13 May 1969. 
 
On  28  February  1973,  the  applicant  was  honorably  released  from 
active duty and transferred to the Air Force Reserve.  He served 
3 years, 9 months and 18 days on active duty. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
DFAS-POCC/DE  recommends  denial.    DFAS  states  the  Department  of 
Defense Instructions (DODI) 1340.21, enclosure 5, paragraph E5.7, 
states  “The  claimant  must  prove,  by  clear  and  convincing 
evidence, on the written record that the United States is liable 
to the claimant for the amount claimed.  All relevant evidence to 
prove  the  claim  should  be  presented  when  a  claim  is  first 
submitted.    In  the  absence  of  the  compelling  circumstances, 
evidence that is presented at later stages of the administrative 
process will not be considered.”  This rule was formally stated 
in Title 4, code of Federal Regulations, section 31.7. 

 
 

The documents the applicant submitted with his claim do not meet 
this  burden  of  proof.    Settlement  of  this  claim  is  based  upon 
written  military  pay  records  to  prove  or  disprove  a  member’s 
claim.  Since these records no longer exist for this time period, 
DFAS is not able to verify whether or not the applicant already 
received special pay for this duty. 
 
The DFAS complete evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 7 May 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and response within 30 days (Exhibit 
C).    As  of  this  date,  no  response  has  been  received  by  this 
office.  
 
_________________________________________________________________ 
 
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 
notice  of  the  applicant’s  complete  submission  in  judging  the 
merits  of  the  case;  however,  we  agree  with  the  opinion  and 
recommendation of DFAS-POCC/DE and adopt their rationale as the 
basis for our conclusion the applicant has not been the victim of 
an error or injustice.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought. 
 
_________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  an  error  or  injustice;  the 
application  was  denied  without  a  personal  appearance;  and  the 
application  will  only  be  reconsidered  upon  the  submission  of 
newly  discovered  relevant  evidence  not  considered  with  this 
application. 
 
_________________________________________________________________ 
 

 

2 
 

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00737 in Executive Session on 31 July 2012, under 
the provisions of AFI 36-2603: 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00737 was considered: 
 
  Exhibit A.  DD Form 149, dated 16 February 2012, w/atchs. 
  Exhibit B.  Letter, DFAS-POCC/DE, not dated.  
  Exhibit C.  Letter, SAF/MRBR, dated 7 May 2012. 
 
 
 
 
 

 

3 



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