RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02060
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He receive 10% disability compensation from the Air Force.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he was discharged from the service and qualified for 10% compensable
pay, yet he has not received payment as of this date. He received
$5,100.00 in severance pay and was told when it was recouped he would
receive a 10% disability pay.
In support of his request, the applicant submits a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
5 Jul 54 and was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Mar 58. A
Medical Evaluation Board (MEB) was initiated on 18 Mar 1964 and referred
his case to the Physical Evaluation Board (PEB) for adjudication. The PEB
determined him unfit (chronic psycho physiologic nervous system reaction)
for continued military service and recommended to the Physical Review
Council (PRC) that he be discharged with a 10% disability rating with
entitlement to disability severance pay computed under Title 10 USC,
Section 1212. The applicant concurred with the findings of the PEB, and
the PRC recommended to the Secretary of the Air Force Personnel Council he
be discharged with entitlement to severance pay with a 10% disability
rating. He was honorably discharged on 15 April 1964 with a disability
severance payment of $5100.00. He served 9 years, 9 months, and 11 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states that service members discharged
for a physical disability with entitlement to severance pay receive a one-
time payment with no subsequent monthly compensation from the service at
the time of their release from active duty. The Department of Veterans
Affair (DVA) deducts the entire amount of the Air Force disability
severance pay from any DVA compensation paid. At the discretion of the
DVA, the member may repay the entire amount in one lump sum, or the DVA may
withhold the monthly compensation until the total amount withheld equals
the amount of the Air Force disability severance pay received. The
applicant was appropriately paid disability severance pay at the time of
his release from active duty as required under Title 10, USC, Sections 1203
and 1212. The DPPD evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
August 2003 for review and comment within 30 days. As of this date, this
office has received no response.
___________________________________________________________________
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. 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 opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Accordingly, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
02060 in Executive Session on 3 Sep 03, under the provisions of AFI 36-
2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell III, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 24 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.
BRENDA L. ROMINE
Panel Chair
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