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AF | BCMR | CY2003 | BC-2003-02060
Original file (BC-2003-02060.doc) Auto-classification: Denied

                            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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