RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02782
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He receives payment for accrued leave days.
________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, was corrected. However he was never paid
for the leave days he accrued while on active duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 5 Aug 69, the applicant was honorably discharged and
reenlisted into the Air Force. The remarks section of his DD
Form 214 reflects he carried forward 33.5 days unused accrued
leave.
On 14 Aug 73, the applicant was honorably discharged at the
expiration of his term of service. His DD Form 214, block 26b
reflects that he was not paid accrued leave and block 30,
indicates his accrued leave balance was not available at the
time he applied for separation.
On 21 Nov 80, applicant was honorably discharged from the Ohio
Air National Guard and as a Reserve of the United States Air
Force.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial, indicating the applicants request
should be denied as untimely. The applicant was discharged from
the Ohio Air National Guard in 1980 and had six years from his
date of separation to make a claim against the government for
any back pay or entitlements, including any unused leave. In
accordance with 31 USC § 3702, a claim is barred unless it is
received within 6 years after the date the claim first accrued.
Access to records is also a factor in the payment of unused
leave. At this time, no records are available of the
applicants leave accrual and use from 1973. Further, while the
applicant claims that his DD Form 214 was corrected, he does not
indicate what was corrected, when, or by what authority. While
his DD form 214 indicates that his accrued leave balance was not
available at the time of his separation, it is the service
members responsibility to know what their leave balances are at
all times.
A complete copy of the DFAS-IN evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. After
careful consideration of applicant's request and the available
evidence of record, we are not convinced that corrective action
is warranted. While the applicants DD Form 214 does indicate
that accrued leave was not paid in conjunction with his 1973
discharge because his accrued leave balance was not available,
we note that pertinent records are not available for our review
to make a reasonable determination of what the applicants leave
balance should have been. Therefore, in view of the passage of
time and in the absence of any documentary evidence related to
the applicants leave accrual and use during the matter under
review, we are not inclined to recommend granting the relief
sought in this application. Should the applicant provide such
documentation, we would be inclined to reconsider his request
based on new evidence. Therefore, in view of the above, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
accrued unused leave at the time of separation which would be
documented on the applicants final leave and earnings
statement.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02782 in Executive Session on 20 February 2013,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-IN, undated.
Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.
Panel Chair
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