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AF | BCMR | CY2007 | BC-2007-00061
Original file (BC-2007-00061.DOC) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00061
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 JUL 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be refunded the Survivor Benefit Program  (SBP)  premiums  deducted
from his pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was reinstated to active duty in Sep  06  after  having  previously
retired on 1 Nov 05.  He paid SBP premiums for nearly a  year.   Since
he has been reinstated to active duty as though he never  retired,  he
should not have been required to pay SBP premiums as  an  active  duty
member.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to the correction of his military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, with a date of rank of 1 Jan  06.   His  Total  Active  Federal
Military Service Date (TAFMSD) is 16 Sep 85.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-RPB-TQAL/CL recommends denial noting  the  applicant’s  name  was
originally placed on the retired list on 1 Nov 05.  Subsequent  action
by the Board corrected his records to show his name was not placed  on
the retired list, but that he was continued  on  active  duty.   As  a
result of the correction of  records,  there  was  no  entitlement  to
retired pay.

DFAS-RPB-TQAL/CL indicated that since  the  applicant  was  no  longer
entitled to retired pay, the full gross amount of the retired pay paid
to him became an overpayment.  This  overpayment  totaled  $28,523.00.
As the SBP costs previously deducted from  pay  each  month  were  not
physically removed from the Retirement Trust  Fund,  the  costs  paid,
$191.07, were used to reduce the total debt to $28,331.93.  As the SBP
costs deducted were utilized to reduce his overpayment, there  are  no
amounts due to the applicant.

A complete copy of the DFAS-RPB-TQAL/CL evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
Apr 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit C).

_________________________________________________________________

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 and adopt its rationale as the  basis
for our conclusion the applicant has not been the victim of  an  error
or injustice.  We note that because of the  applicant’s  reinstatement
to active duty, he was no longer entitled to retired pay.   Therefore,
the full gross amount of the retirement  pay  he  received  became  an
overpayment.  It appears the SBP costs were used to reduce  his  total
indebtedness.   Therefore,  we  find  no  evidence  the  applicant  is
entitled to be refunded the SBP premiums deducted from  his  pay.   In
view of the foregoing, and in the absence of  sufficient  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-
2007-00061 in Executive Session on 23 Aug 07, under the provisions  of
AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jan 07, w/atch.
    Exhibit B.  Letter, DFAS-RPB-TQAL/CL, dated 16 Apr 07.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Apr 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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