RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03299
INDEX CODE: 128.00
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Apr 29, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be paid separation pay as promised.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was promised $22,347 minus taxes as separation pay and her separation
orders authorized the pay.
She was counseled on the amount of separation pay prior to going on
terminal leave and the separation pay amount was placed on her DD 214,
Certificate of Release or Discharge from Active Duty.
On 6 Oct 06, an employee at Nellis AFB finance department told her a waiver
was forthcoming in order to pay the separation pay.
After numerous calls checking on the status of the waiver and payment, she
has not received the separation pay as promised to date.
In support of her request, the applicant provided a copy of her separation
orders, a financial worksheet, and a copy of her DD Form 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty Air Force on 11 May 02 upon acceptance of
her commission as a second lieutenant.
She was notified on 10 May 06 of her non-selection for retention by the
Force Shaping Board and informed she would be involuntarily released 29 Sep
06. The applicant acknowledged
receipt of the pending discharge on 11 May 06. She served 4 years, 3
months, and 21 days and was honorably discharged on 29 Sep 06.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRF recommends denial. The applicant served 4 years total active
duty, with service component reserve, when she was involuntarily released
from the Air Force by the FY06 Force Shaping Board, and had not served the
6 years required by law for separation pay. U.S. Code, Title 10, Section
1174, Separation pay upon involuntary discharge or release from active
duty, (c)(1)(a), states members must have completed 6 or more years of
active service immediately before release to be entitled to separation pay.
The applicant’s DD 214, Item 18 Remarks “Separation Pay authorized
$22,347.00” is incorrect and not authorized in accordance with AFI 36-3202,
Table 4.
The applicant’s AF Form 100, Request and Authorization for Separation
Orders, is in error in accordance with AFI 36-2102, Attachment 11, Item
21C.
AFPC/DPPRF is recommending the applicant’s DD 214 be corrected and amended
to reflect the member’s true entitlement and to remove the remarks
pertaining to authorized separation pay.
The complete AFPC/DPPRF 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 22 Dec
06 for review and comment within 30 days. As of this date, this office has
not received a response.
_________________________________________________________________
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 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 in regards to the applicant’s request for separation pay and
adopt its rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Additionally, the Board
defers to the Air Force office of primary responsibility for the
administrative correction of the applicant’s DD Form 214 and AF IMT Form
100. Therefore, 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 Docket Number BC-2006-03299
in Executive Session on 31 January 2007, under the provisions of AFI 36-
2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Oct 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRF, dated 11 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 06.
MICHAEL J. MAGLIO
Panel Chair
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