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AF | BCMR | CY2013 | BC-2011-02361
Original file (BC-2011-02361.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2011-02361 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
IN THE MATTER OF: 
 
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  paid  for  his  unused  leave  at  the  time  of  his  discharge 
from the Air Force. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  not  paid  for  his  unused  leave  at  the  time  of  his 
separation from the Air Force. 
 
The applicant’s complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 22 Nov 68 and served on active duty 
until he was honorably discharged on 11 Jul 72. 
 
The  applicant’s  DD  Form  214,  Certificate  of  Release  or 
Discharge, indicates his leave information was not available at 
time of his separation.  
 
In response to the applicant’s instant request, DFAS-IN informed 
applicant  that  no  monetary  benefits  are  due  to  him  and  that 
according to DODI 1340.21, enclosure 5, para E5.7, all relevant 
evidence to prove his 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.   
 
The remaining relevant facts pertaining to this application are 
contained  in  the  letter  prepared  by  the  appropriate  office  of 
primary responsibility, which is attached at Exhibit C. 
 
________________________________________________________________ 
 
 
 

AIR FORCE EVALUATION: 
 
DFAS-IN  recommends  denial,  indicating  that  in  order  for  their 
office  to  pay  for  unused  leave,  copies  of  the  service  member’s 
final Leave and Earnings Statement (LES) is required.  However, 
the  applicant  did  not  submit  the  requested  supporting 
documentation and his request should be denied based on lack of 
evidence. 
 
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 1 Oct 12, for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit D). 

 ________________________________________________________________ 
 
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  the  record  raises  issues  of  error  or  injustice  which 
require resolution on the merits.  Thus, we conclude it would not 
be  in  the  interest  of  justice  to  excuse  the  applicant’s  failure 
to file in a timely manner. 

 ________________________________________________________________ 
 
DECISION OF THE BOARD: 
 
The application was not timely filed and it would not be in the 
interest  of  justice  to  waive  the  timeliness  requirement.    It  is 
the  decision  of  the  Board,  therefore,  to  reject  the  application 
as untimely. 
 
________________________________________________________________ 
 
 
 
 
 

 

2 

  
  
  

Panel Chair 
Member 
Member 

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2011-02361  in  Executive  Session  on  17  Jan  13,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 27 Jun 11, w/atch. 
    Exhibit B.  Applicant’s Master Personnel Records. 
    Exhibit C.  Letter, DFAS/IN, undated.  
    Exhibit D.  Letter, SAF/MRBR, undated. 
 
 
 
 
 
 
                                   Panel Chair 
 

 

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