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
3
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