RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02035
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect her election to receive retirement pay
at age 60, rather than discharge with severance pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She spoke with personnel at Grand Forks AFB and was informed that she could
retire one of two ways. She could take a lump sum retirement or wait until
age 60 and receive monthly pension checks. She asked what the
ramifications would be for selecting the lump sum payment and was informed
she would receive medical retirement but instead of waiting until age 60
she would receive payment now, and would be entitled to all other benefits
at age 60; however, could not receive a retirement card until age 60.
Therefore, she decided to take the lump sum.
She has been diagnosed with cancer and is willing to pay back the severance
pay she received in order to be a part of Tricare for Life. She realizes
she signed a form electing to be discharged with severance pay; however,
she signed the form based on the information she received from personnel at
Grand Forks AFB.
In support of her request, the applicant provided a personal statement and
a copy of the Election Form Regarding Early Qualification for Retired Pay
at Age 60.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 February 1999, the Secretary of the Air Force Personnel Council found
the applicant physically unfit for continued military service.
On 22 February 1999, applicant signed an Election Regarding Early
Qualification for Retired Pay at Age 60 electing discharge with severance
pay.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POFM recommends denial. A1POFM states they cannot confirm whether or
not the applicant was briefed correctly regarding her eligibility to
receive retired pay; however, several documents reveal that she signed a
statement and was provided information in writing in which she specifically
chose to receive severance pay in lieu of retirement.
Applicant states in her own statement of events that she signed the
election statement clearly expressing that she elected discharge with
severance pay and that she would not receive retired pay. The 31 March
1999 memorandum, Subject: Final Physical Evaluation Determination, clearly
states that “beyond disability severance pay, your discharge will terminate
your entitlement to Air Force benefits (to include any retirement pay).”
Even if applicant was briefed incorrectly at Grand Forks AFB (which is
unsubstantiated), overwhelming evidence is provided that clearly states
that she was aware of her decision and consciously chose discharge with
severance pay.
A1POFM’s complete evaluation is at Exhibit B.
NGB/A1PS concurs with NGB/A1POFM. NGB/A1PS’s complete evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 January 2008, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). As of this date, this
office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. The applicant’s contentions are duly
noted; however, we do not find her uncorroborated assertions of
miscounseling sufficiently persuasive to override the rationale provided by
the Air Force offices of primary responsibility. Therefore, we adopt their
rationale as basis for our conclusion that she has failed to sustain her
burden of proof of the existence of an error or injustice. In the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-
02035 in Executive Session on 27 February 2008, under the provisions of AFI
36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Dee R. Reardon, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 June 2007, w/atchs.
Exhibit B. Letter, NGB/A1POFM, dated 12 January 2008, w/atchs.
Exhibit C. Letter, NGB/A1PS, dated 14 January 2008.
Exhibit D. Letter, SAF/MRBR, dated 18 January 2008.
MICHAEL J. MAGLIO
Panel Chair
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