RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02913
INDEX CODE:  121.00
	XXXXXXXXXXXXXXXX				COUNSEL: NO

	XXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be paid for 33 days of accrued leave.
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APPLICANT CONTENDS THAT:

Due to recovery of a head injury, twenty years passed before he discovered he was still owed for 33 days of accrued leave.

In support of his application, he provides copies of medical evaluations and treatments.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 15 February 1979, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years.  He was progressively promoted to the rank of airman first class (E-3.  

During the period 21 August 1980 through 13 August 1981, the applicant received five counselings, three reprimands, an Article 15 and a vacation of suspended Article 15 punishment for infractions contributable to an apathetic and defective attitude.  On 27 August 1982, his squadron section commander recommended the applicant for a general discharge without probation and rehabilitation for conduct below acceptable standards.  On 28 August 1981, the applicant acknowledged receipt of the discharge recommendation, consulted counsel, and submitted a statement in his own behalf.  On 30 September 1981, the staff judge advocate found the discharge recommendation to be legally sufficient.  The discharge authority approved the applicant’s general discharge under provisions of AFM 39-12, Chapter 2, Section A, paragraph 2-4c, without probation and rehabilitation.

The applicant was discharged effective 19 October 1981 with a general discharge, separation code JMJ (unsuitability - apathy defective attitude) and a reenlistment code 2B (discharged under 
general or other-than-honorable conditions).  The applicant served 2 years, 8 months and 9 days on active duty.

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommends denial.  DFAS states that the applicant did not provide any documentation to substantiate his claim.  The applicant’s DD Form 214, Certificate of Release or Discharge From Active Duty, indicates he was paid for 33 days of accrued leave at the time of his separation, 19 October 1981.  The applicant’s military pay records for 1981 are no longer available to verify if any settlement of accrued leave was paid upon separation.  Normally, when a member is separated from active duty under honorable conditions, any leave accrued is paid at separation.  When government records are unavailable and the applicant is unable to provide sufficient evidence that the request is valid, the request should be denied.  Based on non-availability of records to verify the applicant did or did not receive payment of accrued leave, DFAS recommends denial (see Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 January 2003 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice.  The applicant asserts that he was not paid for his unused accrued annual leave at the time of his separation.  However, his DD Form 214 indicates that he was paid for 33 days of accrued leave when he separated on 19 October 1981.  Unfortunately, it appears the applicant’s military pay records are no longer available to verify any settlement.  In cases of this nature, regularity is presumed in the actions by government officials in the absence of a showing of error or injustice.  Other than the applicant’s assertions, we have no such showing here.  Accordingly, the applicant’s request is not favorably considered.  
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 19 March 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence for AFBCMR Docket Number BC-2002-02913 was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 03.