RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04759

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST. Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:

1.	He received compensation for the maximum number of days of leave accrued.

2.	 Item17. Days Accrued Leave Paid reflect the number days of leave paid.

APPLICANT’S CONTENTION.  He did not receive payment for the leave he accrued.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  According to the applicant’s DD Form 214, he initially entered the Regular Air Force on 29 Apr 81.  On 18 Nov 83, he was discharged with an under honorable conditions (general) discharge and was credited with 2 years, 6 months and 20 days of active duty service.

Item 17. Days Accrued Leave Paid on the applicant’s DD Form 214 does not reflect any days of leave paid.

On 24 Apr 18, a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge From Active Duty, was initiated to amend Item 17 on the DD Form 214 to reflect 23.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DP2SSM recommends denying the application, noting service members can only receive payment for 60 days of leave during a military career.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant was paid $492.89 for 23 days of accrued leave in Dec 83.  Therefore, DP2SSM recommends an administrative correction to Item 17 of the applicant’s DD Form 214 to reflect 23 days of accrued leave paid.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 24 Oct 17 for comment (Exhibit D), and the applicant replied on 12 Nov 17.  In his response, the applicant contends the advisory opinion is inconsistent and misleading regarding the amount paid and the leave accrued.  He was not paid for his accrued leave.  He did not request or use leave for the amount stated in the advisory.  Furthermore, the alleged amount paid does not match the amount carried forward in Dec 83.  According the Code of Federal Regulations a former service member can carry over their accrued unused leave to their civilian job.  Also, the service member can elect to have their unused leave credit remain for use upon return to civilian duty.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice requiring action by the Board.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM, including the recommendation for administrative correction, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04759 in Executive Session on 7 Jun 18:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 21 Mar 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2SSM, dated 3 Oct 17, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 3 Oct 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 12 Nov 17, w/atchs.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.