ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-01702

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive mustering-out pay (MOP) of $300.00 in conjunction with his 1954 discharge.

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STATEMENT OF FACTS:

On 19 December 2002, the Board considered applicant’s request that he receive MOP of $300.00 for each of his two enlistments.  The Board found insufficient evidence of an error or injustice and denied the application.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F.

In a letter, dated 27 July 2003, he requests reconsideration of his application, amends his request to reflect one payment of MOP in conjunction with his 1954 discharge, and provides additional documentation.  The applicant’s complete submission, with attachments, is at Exhibit G.

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THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the applicant’s submission, the majority of the Board is not persuaded that he is entitled to Mustering-Out pay (MOP).  As previously noted by this Board, under the Veterans’ Readjustment Assistance Act of 1952, certain members of the Armed Forces who engaged in active service during the period 27 June 1950 to 1 February 1955, and were discharged or relieved from active duty under honorable conditions, were entitled to MOP.  However, without the applicant’s military pay records, the majority of the Board remains unpersuaded that he was eligible for MOP at the time of his 1954 discharge.  In view of the above, and based on the evidence presented, the majority of the Board finds no basis upon which to favorably consider his request.

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RECOMMENDATION OF THE BOARD:

The majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2002-01702 in Executive Session on 16 January 2004 under the provisions of AFI 36-2603:

				Vice Chair
				Member
				Member

By majority vote, the Board recommended the application be denied.  Mr.   voted to correct the records and has submitted a minority report which is attached at Exhibit H.  The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 15 Jul 03, w/atchs.
    Exhibit G.  Letter, Applicant, dated 27 Jul 03, w/atchs.
    Exhibit H.  Minority Report.

                                   
                                   Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, XXXXXXX, DOCKET NO: BC-2002-01702

	The applicant is a 73-year-old Korean War veteran who requests Mustering-Out Pay (MOP).  The majority of the Board recommends denial of his request.  I disagree.

	I note the applicant was honorably discharged on 11 January 1954, under the provisions of AFR 39-14 (Convenience of the Government) and AFR 39-45 (Enlisted Personnel - Disposition of Enlisted Returnees and Retention Overseas of Enlisted Personnel).  Although the remarks section of the DD Form 214 issued in conjunction with his discharge indicates “MOP NOT AUTH,” I believe this to be in error.  As previously noted by this Board, certain members of the Armed Forces who engaged in active service during the period 27 June 1950 to 1 February 1955, and were discharged or relieved from active duty under honorable conditions, were entitled to MOP under the Veterans’ Readjustment Assistance Act (VRAA) of 1952.  Since the evidence of record establishes that he served on continuous active duty from 9 February 1948 through 11 January 1954, which is within the prerequisite eligibility period defined in the VRAA of 1952, the only issue before this Board is whether he received MOP.  In this regard, the applicant vehemently affirms that he never received MOP.  In the absence of a reasonable basis to question the integrity of this Korean War veteran, I find that he has satisfied his burden to show there has been an error or an injustice.

	In view of the above and based on the totality of the evidence presented, I believe the interest of justice can best be served by resolving this issue in the applicant’s behalf.

							CHARLES E. BENNETT
							Member