RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03272 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: She receive a lump sum payment for her 60 days of accrued leave. _________________________________________________________________ APPLICANT CONTENDS THAT: She had 60 days of leave prior to her separation from the Air Force. She was informed that she should have been able to sell back her leave. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 August 2008, the applicant was relieved from active duty and on 16 August 2008 placed on the Temporary Disability Retired List (TDRL) in the grade of captain. She served 10 years, 6 months and 19 days of active service for retirement and 18 years, 2 months and 28 days of service for basic pay. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-IN recommends denial. DFAS states the applicant’s Master Military Pay Account (MMPA) reflects a final check in the amount of $11,208.23 was issued on 18 August 2008. This payment was for pay and allowances from 1 through 15 August 2008 as well as for the 60 days of leave remaining on her account. The DFAS-IN complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 October 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). 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 injustice. The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, we find no basis to recommend granting the relief sought in this application. In order to facilitate the applicant’s understanding of the monies paid to her, we have obtained a copy of her Leave and Earnings Statement for the period 1 through 30 September 2008, which includes payment for 60 days of leave. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2012-03272 in Executive Session on 5 March 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03272 was considered: Exhibit A. DD Form 149, dated 5 July 2012, w/atchs. Exhibit B. Letter, DFAS-IN, not dated. Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.