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AF | BCMR | CY2004 | BC-1997-03571A
Original file (BC-1997-03571A.doc) Auto-classification: Denied


                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-03571
            INDEX CODE:  110.02
            COUNSEL:  STUART L. SHAPIRO       HEARING DESIRED: NONE

_______________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he  requests  that  he  be
reinstated in the Regular Air Force.

_______________________________________________________________

STATEMENT OF FACTS:

On 31 December 1992, the applicant separated from the  Regular  Air  Force
under the provisions of 10 U.S.C. 1174a, Special Separation Benefits (SSB)
program.  He signed an enlisted SSB  agreement  on  13  July  1992,  which
contained the required statements of law and various  informational  data.
He subsequently applied for  and  received  Veterans  Administration  (VA)
disability compensation.  On 27 June 1996, he was advised by the VA of the
law, which required the VA to withhold as many dollars of compensation  as
he received in separation pay.

On 21 August 1998, the applicant’s request that he be reinstated to active
duty was considered and denied by the Board.  For  an  accounting  of  the
facts and circumstances surrounding  the  applicant’s  request,  and,  the
rationale for the earlier  decision  by  the  Board,  see  the  Record  of
Proceedings at Exhibit E.

A 1 April 2002 letter to a member of Congress, the applicant asserted that
there were errors in the Air Force evaluation upon which the Board  relied
to his detriment.  In  response  to  the  congressional  inquiry,  he  was
advised that his submission did not meet the criteria for  reconsideration
(See Exhibit F).

Based on several queries through a member of Congress and the  applicant’s
continued assertions concerning alleged  erroneous/misleading  information
in  the  original  advisory  opinion,  his  case  was  forwarded  to   the
appropriate Air Force offices of  primary  responsibility  for  additional
reviews (see Exhibit F).

_______________________________________________________________

ADDITIONAL AIR FORCE EVALUATIONS:

AFPC/DPPRRP recommends the application be denied.  DPPRRP states that  the
original advisory  (DPPRR)  only  erred  by  not  identifying  an  earlier
promulgation of information about disability recoupment.   The  result  of
this one error is that the applicant had several  avenues,  including  one
that was sent to base military personnel offices six months prior  to  his
signing an SSB agreement in which to learn about recoupment:  CBPOL  92-2;
Public Law 102-190; 10 U.S.C., Section 1174a and 1174.  DPPRRP states that
a prudent individual would be obligated to investigate  the  ramifications
of  entering  into  an  SSB  agreement  prior  to  requesting  an  SSB  in
conjunction with  early  separation.   The  AFPC/DPPRRP  evaluation,  with
attachments, is at Exhibit G.

AFPC/JA recommends the application be denied.  JA states  that  the  error
identified by DPPRRP reinforces the  position  taken  by  DPPRR  that  the
disability compensation information was  widely  available  prior  to  the
applicant's separation and that he could have availed himself to it.   The
AFPC/JA evaluation is at Exhibit H.

_______________________________________________________________

APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATIONS:

On 9 July 2004, copies of the Air Force evaluations were forwarded to  the
applicant for review and comment.  As of this date, this  office  has  not
received a response.

_______________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or  injustice.   After  careful  consideration  of  the
applicant’s submissions and the available evidence,  we  see  no  evidence
that would warrant his reinstatement in the Air Force.  In this regard, we
are in complete agreement with the opinions and recommendations of the Air
Force offices 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, we find no 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  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 Docket Number  BC-1997-03571
in Executive Session on 11 August 2004, under the provisions  of  AFI  36-
2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Martha J. Evans, Member
            Ms. Martha A. Maust, Member

The following documentary evidence was considered:

     Exhibit E.  Record of Proceedings, dated 21 Aug 98,
                 w/atchs.
     Exhibit F.  Letter, AFBCMR, dated 9 Feb 04, w/atchs.
     Exhibit G.  Letter, AFPC/DPPRRP, dated 19 May 04 w/atchs.
     Exhibit H.  Letter, AFPC/JA, dated 20 Jun 04.
     Exhibit I.  Letter, SAF/MRBR, dated 9 Jul 04.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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