RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01422
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 12 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement pay be increased based on the latest retirement pay chart.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is perplexed by the current retirement system. He retired from the U.S.
Air Force in 1984 with over 25 years of active service. According to his
annual retirement account statement his gross pay is $4,188 per month;
however, according to the 2006 Military Pay Chart for commissioned
officers, the monthly retirement entitlement for an 0-5 with 25-plus years
is $4,509.
When he checked with the Defense Finance and Accounting Service (DFAS) he
was told both figures are correct, which means that a Lieutenant Colonel
retiring today with exactly the same amount of active duty as he served
makes $321 per month or $3,852 per year more than he does. He asks, “Where
is the equity?”
He requests someone check with the Department of Defense to see how they
justify such a disparity. If there is no justification, he asks that his
retirement pay be recomputed based on the latest retirement pay chart. It
may be that his retirement pay has been incorrectly computed for the past
20-plus years.
In support of the application, the applicant submits his personal
statement.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to information contained in the Military Personnel Data System
(MilPDS) the applicant retired in the grade of Lieutenant Colonel and
separated from active service on 31 October 1984.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial. DFAS states the applicant was placed on the
Retired List pursuant to the provisions of Title 10, United States Code
(USC), Section 8911. His retired pay was computed based on the provision
of 10 USC, Section 8991 which provides that the retired pay shall be
computed based on the rate of final basic pay received. DFAS explains 10
USC 1401a provides that the retired pay shall be increased based on the
increase to the Consumer Price Index. There is no provision of law to
authorize the recomputing retired pay on each new rate of active duty basic
pay.
The complete DFAS 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 26 May
2006 for review and comment within 30 days. As of this date, this office
has received no response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
his current retirement pay should be increased based on the latest
retirement pay chart. Therefore, we agree with the recommendations of the
Air Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
significant 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-2006-
01422 in Executive Session on 25 July 2006, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Elwood C. Lewis III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS, dated 18 May 06.
Exhibit D. Letter, SAF/MRBR, dated 26 May 06.
JAMES W. RUSSELL III
Panel Chair
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