RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00959
		INDEX CODES:  121.02, 128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be paid for her accrued leave and any pay and allowances to which she was entitled at the time of her discharge.

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APPLICANT CONTENDS THAT:

She received less than full pay during the last year of her enlistment due to an investigation, but forfeiture of her pay and allowances was not authorized.  The amount of her accrued leave was not available and, thus, she was not paid for the leave.

In support of her appeal, the applicant provided a copy of her separation document.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Jun 69 for a period of four years in the grade of airman basic.

She was honorably discharged on 1 Sep 73 under the provisions of AFM 39-10 (Insufficient service retainability for PCS (other than overseas returnees)).  She was credited with four years, two months, and five days of active service.

(EXAMINER’S NOTE:  Applicant makes reference to an investigation in her appeal, however, there is nothing in the record indicating she was the subject of any investigation).

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommended denial indicating that settlement of the applicant’s claim is based upon written military pay records to prove or disprove her claim.  Since these records no longer exist for the time period in question, they are not able to verify whether or not the applicant was paid correctly.

A complete copy of the DFAS-POCC/DE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 23 Apr 04 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of DFAS-POCC/DE and adopt their rationale as the basis for our decision the applicant has failed to sustain her burden she has suffered either an error or an injustice.  There is a presumption of regularity in the conduct of governmental affairs.  Other than her own uncorroborated assertions, no evidence has been presented which would lead us to believe the applicant was not appropriately paid at the time of her separation.  In view of the above, and in the absence of sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2004-00959 in Executive Session on 2 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 9 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.