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AF | BCMR | CY1998 | 9801258
Original file (9801258.pdf) Auto-classification: Denied
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AIR FORCE BOARD FOR  CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO: 98-01258 
COUNSEL:  NONE 

JAN  1 3  I999 

L  HEARING DESIRED:  NO 

Applicant  requests the disability severance pay  she received at 
the time of her discharge from the Temporary Disability Retired 
List  (TDRL) , not be collected from her retired pay.  Applicant's 
submission is at Exhibit A. 
On 4 December 1997, the Board considered and granted applicant's 
request  that  her  records be  corrected  to  reflect  that  she was 
medically retired, rather than separated with severance pay.  A 
copy of the Record of Proceedings is attached at Exhibit C. 
The  appropriate  Defense  Finance  and  Accounting  Service  off ice 
evaluated applicant's request and provided an advisory opinion to 
the  Board  recommending the  application be  denied  (Exhibit D). 
The advisory opinion was  forwarded to the applicant  for review 
and response  (Exhibit E). As of this date, no response has been 
received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied  rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied, we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new 'relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board  Ms.  Charlene  M.  Bradley,  Mr.  Terry  A. 
Yonkers, and Ms.  Peggy E. Gordon, considered this application on 
16 December 1998,  in accordance with the provisions of Air Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

. -  

CHARLENE M. BRADLEY 
Panel Chair 

Exhibits : 
A .   Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

DEFENSE FINANCE AND ACCOUNflNQ SERWCE 

CLEVELAND C W E R  
CCevEUND, OH  44199.11a 

Po Box @mer 

(DFAS-CL/FRAB) 

June  10, 1998 

MEMORANDUM  FOR AIR  FORCE  BOARD  FOR CORRECTION OF MILITARY RECORDS 
FROM: DEFENSE  FINANCE AND ACCOUNTING  SERVICE 

0  CLEVELZIND  C m E R r  

RETIRED PAY  OPERATImS 
PO BOX 998004 
CLEVELAND  OH  441.99 

. 

has requested  that the 
1. 
he time of discharge from 
dia 
the Temporary  Disability Retired List, not be collected from 
retired pay. 
requested . 
2.  Basis for Request:  The disability severance pay  was  not 
3,Facts: The recocd  indicates that 
of the Physical  Evalu 
th-tngs 
from the TDRL  took  effect  and the disability severance pay was 
issued. 
4 .   Reconmendacion: 
dirr-bi 1 i ty severance pay f a  
subject  to approval by tfiid 
issued, payraent  f a  &a. 
3 
ta an 
paying  the funds back,  the 
account awaiting payback. 
when 
made.  Payment was  received and must now be recouped from retired 
pay. 

Cannot recommend approval of this request, 

Once  the orders  have been issued, the 

was disputing 
the discharge 

ament 

Technical Branch,  Technical Section 
Retired Pay  Operations 



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