RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02152

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be paid for 45 days of leave that he had accrued prior to being discharged.


APPLICANT CONTENDS THAT:

He was not paid for 45 days of leave that he had accrued during his service.  He served in Vietnam from 25 Aug 69 to 25 Aug 70, during which time he could not take leave, and did not even go on rest and relaxation (R&R).  He tried to explain that he had not been paid for this accrued leave during his discharge proceedings, but no one would listen to him.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Nov 68. 

On 9 Nov 71, the applicant was furnished an administrative discharge under honorable conditions, and was credited with 2 years, 11 months, and 25 days of active service, to include 1 year and 1 day of foreign service. 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice.  In review of this case they determined that applicant did not have a master military pay account.  He was administratively discharged under honorable conditions on 9 Nov 71.  The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, indicated he was not paid accrued leave since he had 55 excess leave days.  Further, they point out that in accordance with Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board For Correction Of Military Records, a member’s application must clearly establish that an error or injustice was due to the Air Force, and that ordinarily, applicants must file an application within three years after the error or injustice was discovered, or, with due diligence, should have been discovered. The applicant has not provided enough evidence that demonstrates the 55 excess leave days on his DD Form 214 should have been paid. 

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 27 Oct 14 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  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.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number BC-2014-02152 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:

	


The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02152 was considered:

	Exhibit A.  DD Form 149, dated 18 May 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 18 Sep 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.