RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2009-00776
								COUNSEL: NONE
								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

The amount deducted from her monthly retired pay to recoup her Special Separation Benefit (SSB) be lowered.  

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APPLICANT CONTENDS THAT:

Recoupment of her SSB was not started until three years after her retirement.  Since her retirement, she has accumulated a substantial amount of personal debt; therefore, the amount of recoupment withheld from her retired pay is preventing her from paying her bills.  She is not disputing her debt; she just asks that her monthly payment of $1,703.58 be lowered.  

In support of her appeal, the applicant submits a personal statement, a copy of a Defense Finance and Accounting Service (DFAS) notification indicating recoupment for the SSB, and a summary of her personal debts.  

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

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STATEMENT OF FACTS:

According to DFAS, the applicant was released from active duty on 17 December 1991 and was paid an SSB in the amount of $38,268.36.  The SSB was authorized in accordance with Title 10 United States Code (USC), Section 1174a.  

The applicant subsequently returned to active duty on an Active Guard Reserve (AGR) tour, effective 23 August 2000.  She was released on 28 February 2006 and retired effective 1 March 2006 in the grade of senior master sergeant (E-8), with 20 years, 3 months, and 24 days of Total Active Federal Military Service.  

Title 10 USC, Section 1174h requires SSB payments must be recouped from any future military retired pay by withholding a percentage of the retired pay until the gross amount is collected.  The percentage of recoupment is based on the service of the SSB divided by the service for retired pay.  

On 25 November 2008, the applicant received notification from DFAS that her SSB would begin to be recouped from her monthly retired pay in the amount of $1,703.53 beginning with her pay check dated, 2 February 2009.  The percentage of recoupment was based on her 169 months of service for her SSB divided by the 263 months of her service for retired pay; therefore, a percentage of 64.26 percent of her gross earnings is being withheld.  

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AIR FORCE EVALUATION:

DFAS-RPB-TQAL/CL recommends denying the applicant’s request as the law specifies the collection rate and they have no authority to reduce the collection.  DFAS states that at the time of her retirement, the applicant’s DD Form 2656, Data for Payment of Retired Personnel, Section III, Block 11, indicated she did not previously receive a separation payment.  As a result, her retired pay was established on the basis that she did not receive any such payment.  The applicant later called to report she did in fact, receive an SSB; however, as no documentation was provided, action was not taken to recoup the SSB at that time.  When verification was received, action was initiated to recoup the SSB.  

DFAS indicates the only option available to reduce the collection would be through private relief legislation sponsored by one of the applicant’s Congressional representatives.  

The complete DFAS evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 April 2009 for review and response within 30 days (Exhibit C).  As of this date, this office has received no response.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations 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, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 this application in Executive Session on 28 May 2009, under the provisions of AFI 362603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence for AFBCMR Docket Number BC-2009-00776 was considered:

	Exhibit A.  DD Form 149, dated 16 Feb 09, w/atchs.
	Exhibit B.  Letter, DFAS-RPB-TQAL/CL, dated 19 Mar 09.
	Exhibit C.  Letter, SAF/MRBR, dated 3 Apr 09.




					
								Panel Chair
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