RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04044

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He receive monetary compensation for leave from 4 Mar 88 through 21 Jun 88.

APPLICANT’S CONTENTIONS

His date of separation on his DD Form 214, Certificate of Release or Discharge From Active Duty, reflects 4 Mar 88 and his AF Form 988, Leave Request/Authorization, reflects his last day of chargeable leave as 21 Jun 88.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

On 13 Jun 80, the applicant enlisted in the Regular Air Force.

On 25 Jun 87, the applicant was tried by a Special Court-Martial for two charges and three specifications in violation of Article 91 and 92.  The applicant pled guilty to charge one and one specification of striking a superior noncommissioned officer (Article 91) and not guilty to charge two and three specifications of failure to obey a lawful order (Article 92)  The applicant was sentenced to confinement for three months, reduction to the grade of airman basic, and discharge with a Bad Conduct Discharge (BCD).  The sentence was adjudged on 26 Jun 87.  On 17 Aug 87, the convening authority approved the sentence.  On 11 Feb 88, the sentence was affirmed and the BCD was executed.

According to AF Form 988, dated 2 Mar 88, provided by the applicant, he requested 120 days of appellate leave, with the first day of chargeable leave as 23 Feb 88 and the last day of chargeable leave as 21 Jun 88. 

On 4 Mar 88, the applicant was discharged with a BCD and credited with 7 years, 8 months and 23 days of active duty service.

AF Form 100, Request and Authorization for Separation, dated 11 Mar 88, reflects the applicant was discharged with a BCD on 4 Mar 88.

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

AIR FORCE EVALUATION

AFPC/DP2LT, recommends denying the application.  There is no evidence of an error or an injustice.  The applicant initially enlisted in the Air Force on 13 Jun 80 and was discharged on 4 Mar 88 as reflected on his AF Form 100 (Atch).

The complete advisory opinion, with attachment, is at Exhibit C.

AFPC/DP2SSM, recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was put on appellate leave and sent home until further notice but the leave request was pushed 90 days because appeals could take up to a year.  The applicant is not entitled to any extra leave/pay between his date of separation and his possible end date of appellate leave.  If the applicant had a date of separation of 21 Jun 88, he would not have been paid for the additional time or accumulated leave due to him being on appellate leave.  The applicant’s appeal was denied and he was discharged on 4 Mar 88.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copies of the advisory opinions to the applicant on 17 Jul 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and AFPC/DP2SSM and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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 Docket Number BC-2019-04044 in Executive Session on 5 Aug 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, w/atch, dated 16 Apr 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 22 Jun 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 17 Jul 20.

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