RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02426

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, item 30 (Remarks) be corrected to remove “71 Days Negative Leave to be paid back.”

APPLICANT CONTENDS THAT:

The military would not have allowed him to separate had he not paid back the debt. He paid the leave back and would like a clean record.

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

STATEMENT OF FACTS:

On 20 June 1967, the applicant entered the Regular Air Force.

On 10 November 1970, the applicant received an honorable discharge, and was credited with 3 years, 4 months, and 21 days of active 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/DPSOR recommends denial indicating the application is untimely.  In addition there is no evidence of an error or an injustice.  The applicant separated from the Air Force on 10 November 1970.  Upon separation, the applicant had a negative leave balance of 71 days and that balance was recorded in block 30 of his DD Form 214.  This debt equated to a monetary amount that would carry forward beyond separation until paid.  The applicant’s assumption that the military would hold an individual on active duty until a debt was satisfied is false.  According to the Defense Finance and Accounting Service, the applicant does not have a pending debt or pending action to collect a debt.  The DD Form 214 is not a living document.  The remark in block 30 captures service information as it applied at the time the document was published.  Once the debt is paid, the remark would remain to record that at the time of separation, a debt existed.  To remove the remark would delete the requirement; thus, should the applicant later provide proof of payment, he could then file for reimbursement as the reason for the initial debt no longer existed.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 November 2015, a copy of the Air Force evaluation was forwarded to the applicant 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02426 in Executive Session on 19 April 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 3 June 2015, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSOR, dated 4 November 2015.
Exhibit D.  Letter, AFBCMR, dated 5 November 2015.