RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02354
            INDEX CODE:

            COUNSEL:  SHERRI LARIMORE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed from Disability-Severance Pay to Retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Veteran’s Administration (VA) is using one  half  of  his  monthly
disability payment to pay back his severance pay from his active duty.
 The Florida Air National Guard (FLANG) refused to grant him a Reserve
retirement due to him receiving severance pay.  Since the VA is paying
back the severance that was sent to him,  he  believes  he  should  be
allowed to get his FLANG Reserve retirement.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of his honorable discharge orders,  his  National
Guard Bureau (NGB)  Form  22,  Report  of  Separation  and  Record  of
Service, and a DD Form 214, Certificate of release or  Discharge  from
Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the FLANG on 3 June 1987 and  was  progressively
promoted to the grade of master sergeant with a date  of  rank  of  14
February 1997.  On 15 January 2003 he was called  to  active  duty  in
support of Operation Enduring Freedom/Iraqi Freedom.  He served for  1
year, 1 month, and  2  days  before  being  demobilized  effective  16
February 2004.  On 17 February 2004, he was honorably  discharged  and
separated with Disability Severance pay.  He was serving in the  grade
of master sergeant and, while he served a total of 24 years, 8 months,
and 15 days for pay, his satisfactory service for Reserve retired  pay
was computed by the Air Reserve Personnel Center (ARPC)  as  19 years,
10 months, and 17 days.

AIR FORCE EVALUATION:

NGB/A1POF recommends denial.  A1POF notes the applicant  has  over  20
years of service and that he was discharged with Severance Pay (DWSP).
 At the time of his discharge, he was briefed on a choice between DWSP
or Reserve retirement at age 60.  He  chose  DWSP.   However,  had  he
chosen Reserve retirement, the VA would not  be  able  to  recoup  any
disability compensation he received.   He  now  believes  he  was  not
properly briefed on his options and that he was  coerced  into  making
the election for DWSP.  A1POF states while  he  offers  no  compelling
evidence other than his word that he was not properly briefed, what he
describes is credible due to the  challenges  faced  in  ensuring  the
Physical  Evaluation  Board  Liaison  Officers   (PEBLOs)   completely
understand  the  decisions  members  have  to  make  when  faced  with
disability separation.  Reserve members’ choices  are  different  than
Regular  Air  Force  members’  choices.   Accordingly,  while  it   is
recognized that this case is a possible result of a  systemic  problem
and presents a difficult determination  considering  what  PEBLOs  are
briefing, it appears this  situation  is  one  where  the  member  now
regrets a decision made in the past and would like to change his  mind
based on a  financial  advantage.   However  difficult,  it  has  been
determined this case is not the  result  of  an  administrative  error
based  on  the  fact  he  signed  an  AF  Form  1180  indicating   his
understanding of his choices.

A1POF’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends the AF Form 1180 was signed approximately  four  to
five months after doctors informed him that he should  take  severance
pay from active duty.  He was told the AF Form 1180 had to be  signed.
He notes his commander had no regrets in using duress to  achieve  the
results he sought.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  In our opinion, the applicant was
more than likely a victim of what appears to  be  an  ongoing  problem
between  Physical  Evaluation  Board  Liaison  Officers  (PEBLOs)  and
Reserve component personnel  faced  with  making  difficult  decisions
regarding their future military careers.  According  to  the  National
Guard Bureau Surgeon General (NGB/SG) Subject Matter Expert (SME), the
applicant’s complaint of a  less  than  adequate  briefing  about  the
consequences of choosing Disability with  Separation  Pay  (DWSP)  and
retirement is a credible one.  If PEBLO’s do not always understand the
difference between active duty and  Reserve  component  personnel,  it
stands to reason that Reserve component members  are  forced  to  make
decisions about their future with  sometimes  less  than  advantageous
information. Additionally, the National Guard’s advisory indicated the
applicant had over  20  years  of  satisfactory  service  and  he  was
properly briefed on both DWSP and his 20 year retirement.   Since  the
applicant’s records show he had over 24 years of service,  it  appears
the PEBLO and the NGB both were under the impression he  was  entitled
to either DWSP or reserve retirement  at  age  60.  We  now  know  the
applicant had not  earned  the  requisite  20  years  of  satisfactory
service needed for retirement at age 60.  This misunderstanding of his
eligibility status further supports our belief he may  not  have  been
properly counseled regarding his actual entitlement.    Therefore,  in
view of the above we believe  any  doubt  should  be  decided  in  the
applicant’s favor and recommend his records be corrected as  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 was awarded an additional 27 non-paid inactive  duty
training (IDT) points for retirement/retention year  7  December  1981
through 6 December 1982, resulting in 50 total points; and,  that  the
period  7  December  1981  through  6  December  1982  is  a  year  of
satisfactory Federal service.

            b. On 17 February 2004, he was not  disability  discharged
with severance pay, but on that date he was discharged  from  the  Air
National Guard and assigned to the Retired Reserve List, eligible  for
retired pay at age 60.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 April 2006, under the provisions  of  AFI  36-
2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. James A. Wolffe, Member
      Mr. Michael V. Barbino, Member

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

    Exhibit A.  DD Form 149, dated 18 Jul 05, w/atchs.
    Exhibit B.  Letter, NGB/A1POF, dated 7 Mar 06
    Exhibit C.  Letter, SAF/MRBR, dated 10 Mar 06.




                                   JAY H. JORDAN
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2005-02354




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 APPLICANT, be corrected to show that:

            a. He was awarded an additional 27 non-paid inactive  duty
training (IDT) points for retirement/retention year  7  December  1981
through 6 December 1982, resulting in 50 total points; and,  that  the
period  7  December  1981  through  6  December  1982  is  a  year  of
satisfactory Federal service.

            b. On 17 February 2004, he was not  disability  discharged
with severance pay, but on that date he was discharged  from  the  Air
National Guard and assigned to the Retired Reserve List, eligible  for
retired pay at age 60.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency