RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04869
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid a lump sum payment for three years of accrued leave.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never paid for the leave he accrued over three years when
he departed Germany. He made a mistake, which caused him to be
reduced in rank, but he still should have received his accrued
leave.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 5 Oct 77.
On 5 Apr 83, the applicant was furnished a Bad Conduct Discharge
(BCD) with the Narrative Reason for Separation of Conviction by
Court MartialOther Than Desertion.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility, which are attached at Exhibits C and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial indicating there is no evidence of
an error or an injustice. IAW AFI 36-3003, Military Leave
Program, the Financial Services Office determines payment or
forfeiture of accrued leave at the time of separation for
members separating under for cause provisions or other
separatees required to separate at the earliest possible date.
The applicant has not demonstrated a clear error or injustice.
A complete copy of the AFPC/DPSIM 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 21 Jan 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
DFAS/IN recommends denial indicating there is no evidence of an
error or an injustice. The applicant has requested payment of
Lump Sum Leave due upon final separation. As stated on the
applicants DD Form 214, Certificate of Release or Discharge
from Active Duty, he was furnished a BCD due to conviction by
court-martial. As such, no additional entitlements are due.
A complete copy of the DFAS/IN evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to
the applicant for review and comment within 30 days on
11 Jul 13, along with a request for post-service information.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Defense Finance and Accounting Service
and Air Force office of primary responsibility (OPR) and adopt
their rationale as the basis for our conclusion the applicant
has not been the victim of an error of injustice. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the requested relief.
________________________________________________________________
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
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04869 in Executive Session on 12 Aug 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 12.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIM, dated 4 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.
Exhibit E. Letter, DFAS-IN, undated.
Exhibit F. Letter, AFBCMR, dated 11 Jul 13.
Panel Chair
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