RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04869 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be paid a lump sum payment for three years of accrued leave. 

 

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APPLICANT CONTENDS THAT: 

 

He was never paid for the leave he accrued over three years when 
he departed Germany. He made a mistake, which caused him to be 
reduced in rank, but he still should have received his accrued 
leave. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant initially entered the Air Force on 5 Oct 77. 

 

On 5 Apr 83, the applicant was furnished a Bad Conduct Discharge 
(BCD) with the Narrative Reason for Separation of “Conviction by 
Court Martial—Other Than Desertion.” 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility, which are attached at Exhibits C and E. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial indicating there is no evidence of 
an error or an injustice. IAW AFI 36-3003, Military Leave 
Program, the Financial Services Office determines payment or 
forfeiture of accrued leave at the time of separation for 
members separating under “for cause” provisions or other 
separatees required to separate at the earliest possible date. 
The applicant has not demonstrated a clear error or injustice. 



A complete copy of the AFPC/DPSIM 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 21 Jan 13 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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ADDITIONAL AIR FORCE EVALUATION: 

 

DFAS/IN recommends denial indicating there is no evidence of an 
error or an injustice. The applicant has requested payment of 
Lump Sum Leave due upon final separation. As stated on the 
applicant’s DD Form 214, Certificate of Release or Discharge 
from Active Duty, he was furnished a BCD due to conviction by 
court-martial. As such, no additional entitlements are due. 

 

A complete copy of the DFAS/IN evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the additional Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days on 
11 Jul 13, along with a request for post-service information. 
As of this date, no response has been received by this office 
(Exhibit F). 

 

________________________________________________________________ 

 

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 an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Defense Finance and Accounting Service 
and Air Force office of primary responsibility (OPR) and adopt 
their rationale as the basis for our conclusion the applicant 
has not been the victim of an error of injustice. Therefore, in 



the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

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

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04869 in Executive Session on 12 Aug 13, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Oct 12. 

 Exhibit B. Applicant's Master Personnel Records 

 Exhibit C. Letter, AFPC/DPSIM, dated 4 Jan 13. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. 

 Exhibit E. Letter, DFAS-IN, undated. 

 Exhibit F. Letter, AFBCMR, dated 11 Jul 13.