RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-01702

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive mustering-out pay (MOP) of $300.00 for each of his two enlistments.

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THE APPLICANT CONTENDS THAT:

The applicant states that his twin brother received MOP from both the Army and Air Force for his enlistments; however, he received nothing.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 February 1948, for a period of three years.  He was honorably discharged on 8 February 1951.  Item 38, Remarks, of the DD Form 214, issued on 8 February 1951, indicates, “Not entitled mustering-out payments.”

He reenlisted in the Regular Air Force on 9 February 1951, for a period of three years.  

The applicant was honorably discharged on 11 January 1954, under the provisions of AFR 39-14 (Convenience of the Government) and AFR 39-45 (Enlisted Personnel - Disposition of Enlisted Returnees and Retention Overseas of Enlisted Personnel).  He completed a total of 5 years, 11 months, and 3 days of active service (both enlistments).  Item 38, Remarks, on the DD Form 214, issued on 11 January 1954, indicates, “MOP NOT AUTH.”

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommends the application be denied and states, in part, that the applicant’s military pay records are no longer available to verify whether or not he ever received MOP.  In any case, he would only be entitled to receive one payment of $300.00 under Public Law 82-550.

The DFAS-POCC/DE evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provided a response that is at Exhibit E.

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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’s military pay records are no longer available; however, the DD Form 214 issued in conjunction with his 1951 discharge indicates that he was not entitled to MOP.  We note that under the Mustering-Out Payment Act of 1944, those members who engaged in active service in World War II and were discharged or released from active duty on, or after 7 December 1941, were eligible to receive MOP.  In view of this, and since the applicant did not engage in active service in World War II, he was not eligible for MOP at the time of his 1951 discharge.  In addition, the DD Form 214 issued in conjuction with his 1954 discharge under the provisions of AFR 39-14 (Discharge for the Convenience of the Government) and AFR 39-45 (Disposition of Enlisted Returnees and Retention Overseas of Enlisted Personnel) indicates that MOP was not authorized.  Under the Veterans’ Readjustment Assistance Act of 1952, certain members of the Armed Forces who engaged in active service during the period 27 June 1950 to 1 February 1955, and were discharged or relieved from active duty under honorable conditions, were entitled to MOP.  However, without the applicant’s military pay records, we are unable to determine his eligibility for MOP at the time of his 1954 discharge.  Based on the  evidence  presented,  we believe the applicant has failed to
meet his burden that he has been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to favorably consider 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 Docket Number BC-2002-01702 in Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

				Vice Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 12 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.
    Exhibit E.  Letter, Applicant, dated 12 Dec 02.

                                   
                                   Vice Chair