Search Decisions

Decision Text

AF | BCMR | CY1999 | 9803394
Original file (9803394.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03394
            INDEX CODE: 100.03

            COUNSEL:  None

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to retire  under  the  Temporary  Early  Retirement  Authority
(TERA) rather than separating under the Special Selection Bonus (SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Retirements Branch, Directorate,  Personnel  Program  Management,
AFPC/DPPRR, reviewed the application and  states  that  the  applicant’s  DD
Form 214,  Certificate  of  Release  or  Discharge  from  Active  Duty,  was
completed correctly and reflects  RE  code  “3S”  to  indicate  SSB.   After
coordinating this issue with  the  Defense  Manpower  Data  Center  and  the
review board office, it was found that applicant’s RE code was incorrect  in
the recruiting data system.  Their files have since been fixed  and  reflect
the correct RE code of “3S.”  On 9 April 1993, the Air  Force  released  its
FY94 Drawdown programs that  included  the  Voluntary  Separation  Incentive
(VSI), SSB, and Temporary Early Retirement Authority (TERA).  Applicant  was
eligible for all three programs.  Although he  has  stated  his  reason  for
electing SSB vs. TERA, he has not provided any documentation to  assert  his
case.  The applicant has failed to prove  the  existence  of  any  error  or
injustice associated with his voluntary election and during the  process  of
applying for SSB.  They did not find any evidence of an error  or  injustice
to support the applicant’s claims, either in his DD Form  149  justification
or his military records.  Therefore, they recommend  denial  of  applicant’s
request for TERA.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 February 1999, for review and response.  As of this date, no  response
has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record,  we  note  that  the  applicant  was  eligible  for  the   Voluntary
Separation Incentive (VSI), Special Selection  Bonus  (SSB),  and  Temporary
Early Retirement Authority (TERA) programs.  The applicant  states  that  he
was told he could not apply for early retirement  but  he  could  apply  for
early out under the VSI/SSB program.  He also  states  that  after  his  SSB
separation was approved, the separations unit told him that  he  could  have
applied  for  early  retirement.   While  the  applicant  has  not  provided
evidence of miscounseling, it is reasonable  to  assume  that  had  he  been
provided with proper counseling, he would have elected to retire  under  the
TERA program.  In view of the foregoing, and in  an  effort  to  offset  any
possibility of an injustice, we recommend his record  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.    He applied for early retirement  under  the  provisions  of  the
Temporary Early Retirement Authority with an effective  date  of  retirement
of 1 October 1993, and his request was approved by competent authority.

      b.    On 1 October 1993, he was retired under the  provisions  of  the
Temporary Early Retirement Authority in the  grade  of  technical  sergeant,
rather than released from active duty  under  the  Special  Selection  Bonus
Program.

      c.    He registered on  the  Public  and  Community  Service  Registry
prior to his retirement.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 12 May 1999, under the provisions of AFI 36-2603:

          Mr. Vaughn E. Schlunz, Panel Chair
          Mr. Terry A. Yonkers, Member
          Mr. Richard A. Peterson, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Nov 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRR, dated 26 Jan 99.
   Exhibit D.  Letter, AFBCMR, dated 15 Feb 99.






                                   VAUGHN E. SCHLUNZ
                                   Panel Chair


AFBCMR 98-03394



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation  of  the  Air  Force
Board for Correction of Military Records and under the authority of  Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to   , be corrected to show that:

      a.    He applied for early retirement under the provisions of the
Temporary Early Retirement Authority with an effective date of retirement
of 1 October 1993, and his request was approved by competent authority.

      b.    On 1 October 1993, he was retired under the provisions of the
Temporary Early Retirement Authority in the grade of technical sergeant,
rather than released from active duty under the Special Selection Bonus
Program.

      c.    He registered on the Public and Community Service Registry
prior to his retirement.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY1999 | 9702996

    Original file (9702996.doc) Auto-classification: Approved

    There are no provisions of law to allow payment of retired pay unless the member has met all requirements to receive such pay. And, finally, it is important to note that numerous prior military personnel have been granted VA disability compensation entitlement following receipt of either Voluntary Separation Incentive (VSI) or SSB separation pay. While the applicant has not provided evidence that Air Force officials miscounseled him, in view of the short period of time needed to become...

  • AF | BCMR | CY1999 | BC-1997-02996

    Original file (BC-1997-02996.doc) Auto-classification: Approved

    There are no provisions of law to allow payment of retired pay unless the member has met all requirements to receive such pay. And, finally, it is important to note that numerous prior military personnel have been granted VA disability compensation entitlement following receipt of either Voluntary Separation Incentive (VSI) or SSB separation pay. While the applicant has not provided evidence that Air Force officials miscounseled him, in view of the short period of time needed to become...

  • AF | BCMR | CY2002 | 0000105A

    Original file (0000105A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00105 (Case 2) COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: A waiver be granted for an exception to policy for retirement under the Fiscal Year 2000/2001 (FY00/01) Phase III Officer Early Retirement Program. Applicant’s complete submission is at Exhibit...

  • AF | BCMR | CY2001 | 0000105A

    Original file (0000105A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00105 (Case 2) COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: A waiver be granted for an exception to policy for retirement under the Fiscal Year 2000/2001 (FY00/01) Phase III Officer Early Retirement Program. Applicant’s complete submission is at Exhibit...

  • ARMY | BCMR | CY2013 | 20130013610

    Original file (20130013610.txt) Auto-classification: Denied

    The applicant requests that his records be corrected to show he was retired under the Temporary Early Retirement Authority (TERA) instead of the Special Separation Benefit (SSB). Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Total Army Personnel Command (TAPC) message 121432Z (FY95 Enlisted Early Retirement Program) provided the criteria for the TERA and...

  • AF | BCMR | CY1999 | BC-1994-02547A

    Original file (BC-1994-02547A.doc) Auto-classification: Denied

    The Senator’s letter, with attachments, is at Exhibit H. _________________________________________________________________ AIR FORCE EVALUATION: The Retirement Policies and Programs, Directorate of Personnel Program Management, AFPC/DPPRR, reviewed this application and states that although the applicant is quoting 10 U.S.C. (2) Applying for separation under the SSB program (which would result in approximately $59,240). He was never counseled concerning the TERA program or changes in the...

  • AF | BCMR | CY1999 | 9402547A

    Original file (9402547A.doc) Auto-classification: Denied

    The Senator’s letter, with attachments, is at Exhibit H. _________________________________________________________________ AIR FORCE EVALUATION: The Retirement Policies and Programs, Directorate of Personnel Program Management, AFPC/DPPRR, reviewed this application and states that although the applicant is quoting 10 U.S.C. (2) Applying for separation under the SSB program (which would result in approximately $59,240). He was never counseled concerning the TERA program or changes in the...

  • AF | BCMR | CY2000 | 9902294

    Original file (9902294.doc) Auto-classification: Approved

    When the Air Force came out with the Early Retirement Program, he discovered he was ineligible because of the needs of the Air Force. On 11 September 1995, the SJA recommended approval of the discharge action with an honorable discharge without P&R and that the separation authority recommend to the Secretary of the Air Force that he not receive lengthy service probation. The applicant did not meet the criteria and/or standards necessary to remain on active duty and the commander took...

  • AF | BCMR | CY1998 | BC-1998-00912

    Original file (BC-1998-00912.doc) Auto-classification: Denied

    He had completed a total of 2 years, 3 months and 7 days of service at the time of his discharge from the Army National Guard. A complete copy of this evaluation is appended at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and indicated that his pay date of 5 November 1982 must have been the date the Base CBPO was going on when he was told to attend a meeting on the SSB/VSI...

  • AF | BCMR | CY1998 | 9800912

    Original file (9800912.doc) Auto-classification: Denied

    He had completed a total of 2 years, 3 months and 7 days of service at the time of his discharge from the Army National Guard. A complete copy of this evaluation is appended at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and indicated that his pay date of 5 November 1982 must have been the date the Base CBPO was going on when he was told to attend a meeting on the SSB/VSI...