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ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: 96-03761
COUNSEL: NONE
HEARING DESIRED: YES
FEB 19 l9@'
APPLICANT REOUESTS THAT :
He be provided entitlements for a family separation allowance,
educational benefits, participation in the Montgomery GI Bill
program, and early retirement.
He receive backpay and allowances and accrued leave as a result
of his original General Court Martial sentence being set aside.
RESUME OF CASE:
On 10 March 1998, the Board considered and recommended partial
approval of applicant's request f o r promotion. On 25 March 1998,
the Deputy for Air Force Review Boards directed that he be
provided supplemental promotion consideration to the grade of
staff sergeant f o r all appropriate cycles beginning with Cycle
93A5. A copy of the Record of Proceedings (ROP) is at Exhibit I.
Further research with HQ AFPC/DPPPWB indicated that the applicant
was supplementally considered and nonselected for promotion to
the grade of staff sergeant f o r cycles 93A5 through 9535.
APPL ICANT CONTE NDS THAT:
His appellate (excess) leave should be for the period 10 Apr 92
through 7 Jan 96 instead of 10 Apr 92 through 31 Dec 9 4 .
A
waiver should be granted for use of a W-2 f o r computation of
backpay.
His accrued leave should be restored for the period 10 Apr 92
through 7 Jan 96. If this request is approved, he requests a
waiver to maintain a balance in excess of 6 0 days and the option
to use the leave as terminal leave or regular leave. He remains
in a constant negative leave balance and has used many of the
advanced leave days to retrieve information necessary f o r
reprocessing to active duty.
He be permitted access to the Tuition Assistance Program and
other educational benefits f o r a period of 4 years and 6 months
after his date of separation. Continued access to the Tuition
Assistance Program and other educational benefits after his’
separation should be for the same period of time that he was
denied the opportunity to utilize the 75% benefit afforded those
on active duty.
He be permitted to utilize his former Air Force Specialty Code
(AFSC) for enrollment in the Community College of the Air Force,
and that he should be granted the opportunity to participate in
the Montgomery GI Bill Program.
He was informed that
nonperformance in an AFSC for 5 years prevents its use for
additional credits with the community college.
He be provided the opportunity to utilize any government program
offered to personnel formerly stationed at Norton AFB or March
AFB. Specifically, he is interested in the government purchasing
his home in San Bernardino, CA. With the closure of March AFB,
and since his reassignment to McChord AFB, WA, some assistance in
selling his home in CA would be very beneficial.
He be authorized payment of Family Separation Allowance (FSA) due
to the short notice he received to report to McChord AFB, WA,
leaving his family in CA. Although he resides in a dormitory at
McChord AFB, he essentially maintains two separate households,
He be permitted to retire earlier than 20 years without penalty.
He is approximately 18 months away from a 20 year date of
separation and does not wish to lose benefits, pay or
entitlements.
In support of his application, he provided a personal statement
and copies of documents associated with the issues cited in his
contentions (see Exhibit G ) .
AIR FOR CE EVALUATION:
The Chief, Voluntary Education Programs, HQ USAF/DPPE, stated
that the Tuition Assistance Program can be used by enlisted
personnel while on active duty from the date of entry through the
date of discharge. Tuition assistance has never been authorized
while on appellate leave. As to the Montgomery GI Bill benefits,
DPPE stated that enrollment takes place when a member enters
active duty. Enrollment is not retroactive. Entry into either
the Veterans Education Assistance Program (VEAP) or the
Montgomery GI Bill (MGIB) program is voluntary at the time of
entry on active duty not at a later date. The applicant is not
eligible for a GI B i l l program unless new legislation is passed
allowing those not enrolled a second opportunity. With regard to
utilizing previous Air Force Specialty Codes (AFSC), DPPE stated
that if the applicant wants to enroll in a previously held AFSC,
which he no longer has through no fault of his own, he can
request a waiver through the Dean, Community College of the Air
Force (Exhibit J).
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9 6 - 0 3 7 6 1
The Chief, Military Compensation & Legislation Division, HQ'
USAF/DPPC, stated that Title- 37, U.S.C., Section 427, only
authorizes Family Separation Allowance (FSA) for members whose
dependents are denied movement to their new permanent duty
station or a place near that station is not authorized at
government expense. The applicant, for personal reasons, decided
not to relocate his dependents to his new permanent duty
location. The circumstances stated do not authorize payment of
FSA. Regarding the applicant's inquiries about the government
purchasing his home, DPPC stated that he may be eligible for
benefits under the Homeowner Assistance Program (HAP). HAP
eligibility is based on the termination date of a member's
service at a military installation which will be or was closed or
realigned under the Base Realignment and Closure (BRAC) program.
Since Norton AFB, CA, was closed under the BRAC program, the
applicant may be eligible for these benefits. DPPC indicated
that the applicant should contact the U.S. Army Engineer District
for further information (Exhibit K).
The Chief, Retirements Branch, HQ AFPC/DPPRR, stated that the
applicant's high year of tenure is 9 March 1999, 20 years of
active service, which will give him a retirement with full
benefits, retirement pay, and entitlements effective 1 April
1999. Based on his date of separation (DOS) of 18 February 1999,
the applicant will need to extend two months to reach retirement.
After carefully reviewing applicant's package and personnel
records, along with the applicable laws and regulations, DPPRR
does not find where an error or injustice took place which would
warrant an approval of early retirement. Applicant s case does
not meet the established criteria, which must be consistently
applied in order to ensure fairness for all Air Force members.
DPPRR stated that the enlisted early retirement program was last
available until 30 October 1996, when the program closed. Since
this program has been successful over the fiscal years to meet
enlisted end-strengths, it has not been necessary over recent
fiscal years. DPPRR recommended applicant's request be denied
(Exhibit L).
The Chief, Claims Branch, DFAS-DE/FYCC, stated that the applicant
has not provided the requested civilian earning statements for
the period 10 April 1992 through 31 December 1994 in order for
DFAS-DE to process his claim for backpay. FYCC indicated that
the requirement f o r offset of civilian earnings is in accordance
with Department of Defense Financial Management Regulation.
Until the applicant provides the requested information, his claim
for backpay cannot be considered. As to the applicant's leave
account, it will be reconstructed when he provides the required
civilian earnings information. The entitlement to leave and the
accumulation of leave is set forth in 10 U.S.C. 701, which
stipulates that a member may not accumulate more than 60 days of
leave. Due to this statutory leave limitation, all days of
accrued leave in excess of 6 0 days will be immediately lost
effective 30 September before the fiscal year in which his leave
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account will be reconstructed, The leave may not be credited in
the fiscal year of his leave reconstruction to avoid the loss.'
FYCC stated that the applicant's military pay account shows a
projected separation date of 18 February 1999. He has not sold
any accrued leave in his military career and could possibly be
due a settlement of 60 days of accrued leave depending on his
usage of accrued leave and the reconstruction of his leave
account (Exhibit M) .
Through further research, DFAS-DE/FYCC indicated that they have
just recently received the required documents from the applicant
and are in the process of working his claim for backpay and
leave.
APPLICANT'S REVIE W OF AIR FORCE EV ALUATION :
Copies of the Air Force evaluations were forwarded to applicant
on 15 June 1998 and 6 August 1998 for review and response. As of
this date, no response has been received by this office
(Exhibit N) .
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3 . Insufficient relevant evidence has been presented to
demonstrate the existence of probable injustice. We took notice
of the applicant's complete submission in judging the merits of
Inasmuch as DFAS-DE is currently processing the
the case.
applicant's claim for backpay and leave, we find this to be a
moot issue.
The applicant's contentions concerning his
entitlements for educational benefits, participation in the
Montgomery GI Bill program, family separation allowance and early
retirement are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the respective Air Force
off ices
We therefore agree with the opinions and
recommendations of the appropriate Air Force off ices of primary
responsibility and adopt the rationale expressed as the basis for
our conclusion that the applicant has not been the victim of an
injustice. As to the applicant utilizing his former Air Force
Specialty Code (AFSC) for enrollment in the Community College of
the Air Force and benefits under the Homeowner Assistance Program
(HAP) , we note that the respective Air Force offices have
provided applicant the names of the offices he needs to contact
concerning these issues. In view of the foregoing, we find no
compelling basis to recommend granting the relief sought in this
application.
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9 6 - 0 3 7 6 1
I
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 issue(s)
involved. Therefore, the request f o r a hearing is not favorably
considered.
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 6 October 1998, under the provisions of AFI
3 6 - 2 6 0 3 :
Mr. Michael P. Higgins,
Mr. Steven A. Shaw, Member
-~ Ms. Ann L. Heidig, Member
Panel Chair
The following documentary evidence was considered:
Exhibit I.
Exhibit J.
Exhibit K.
Exhibit L.
Exhibit M.
Exhibit N.
Record of Proceedings, dated 2 5 Mar 98, w/atclls.
Letter, HQ USAF/DPPE, dated 11 May 98.
Letter, HQ USAF/DPPC, dated 2 2 May 98.
Letter, HQ AFPC/DPPRR, dated 29 May 98.
Letter, DFAS-DE/FYCC, dated 4 Aug 98, w/atchs.
Letters, SAF/MIBR, dated 15 Jun 98 and 6 Aug 98.
Panel Chair
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96-03761
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