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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