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AF | BCMR | CY2008 | BC-2007-02035
Original file (BC-2007-02035.doc) Auto-classification: Denied


                            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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