RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03473 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: Corrective action be made to his records to allow payment for 46.5 days of accrued leave. ______________________________________________________________ APPLICANT CONTENDS THAT: At the time of his separation his accrued leave balance was not available. In support of his appeal, applicant submitted a copy of his DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge. Applicant's complete submission, with attachment, is at Exhibit A. ______________________________________________________________ STATEMENT OF FACTS: On 14 Mar 68, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of sergeant having assumed that grade effective and with a date of rank of 1 Mar 70. The DD Form 214 dated 14 Mar 71, reflects he carried over 46.5 days of accrued leave. He was discharged on 28 Apr 72. He served 4 years, 1 month and 28 days on active duty. The DD Form 214 dated 28 Apr 72, states his accrued leave balance was not available upon separation. ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIMC recommends denial. DPSIMC states Air Force Instruction (AFI) 36-3003, Military Leave Program, notes a service member's application must clearly establish that an error or injustice by the Air Force caused the lost leave. Since the applicant's 28 Apr 72, DD Form 214 did not specify his leave balance or leave days paid, verification was sought through the Defense Finance and Accounting Service (DFAS). DFAS was unable to retrieve any records on the applicant. Without verifying his leave balance at the time of separation, a determination cannot be made for the applicant to be paid. AFPC/DPSIMC’s complete 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 Nov 08, for review and response within 30 days. As of this date, no response has been received by this office. ______________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ______________________________________________________________ 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. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2008-03473 in Executive Session on 10 Feb 09 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Sep 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIMC, dated 4 Nov 08. Exhibit D. Letter, SAF/MRBR, dated 21 Nov 08.