RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00776
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The amount deducted from her monthly retired pay to recoup her Special Separation Benefit (SSB) be lowered.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Recoupment of her SSB was not started until three years after her retirement. Since her retirement, she has accumulated a substantial amount of personal debt; therefore, the amount of recoupment withheld from her retired pay is preventing her from paying her bills. She is not disputing her debt; she just asks that her monthly payment of $1,703.58 be lowered.
In support of her appeal, the applicant submits a personal statement, a copy of a Defense Finance and Accounting Service (DFAS) notification indicating recoupment for the SSB, and a summary of her personal debts.
The applicants complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to DFAS, the applicant was released from active duty on 17 December 1991 and was paid an SSB in the amount of $38,268.36. The SSB was authorized in accordance with Title 10 United States Code (USC), Section 1174a.
The applicant subsequently returned to active duty on an Active Guard Reserve (AGR) tour, effective 23 August 2000. She was released on 28 February 2006 and retired effective 1 March 2006 in the grade of senior master sergeant (E-8), with 20 years, 3 months, and 24 days of Total Active Federal Military Service.
Title 10 USC, Section 1174h requires SSB payments must be recouped from any future military retired pay by withholding a percentage of the retired pay until the gross amount is collected. The percentage of recoupment is based on the service of the SSB divided by the service for retired pay.
On 25 November 2008, the applicant received notification from DFAS that her SSB would begin to be recouped from her monthly retired pay in the amount of $1,703.53 beginning with her pay check dated, 2 February 2009. The percentage of recoupment was based on her 169 months of service for her SSB divided by the 263 months of her service for retired pay; therefore, a percentage of 64.26 percent of her gross earnings is being withheld.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-RPB-TQAL/CL recommends denying the applicants request as the law specifies the collection rate and they have no authority to reduce the collection. DFAS states that at the time of her retirement, the applicants DD Form 2656, Data for Payment of Retired Personnel, Section III, Block 11, indicated she did not previously receive a separation payment. As a result, her retired pay was established on the basis that she did not receive any such payment. The applicant later called to report she did in fact, receive an SSB; however, as no documentation was provided, action was not taken to recoup the SSB at that time. When verification was received, action was initiated to recoup the SSB.
DFAS indicates the only option available to reduce the collection would be through private relief legislation sponsored by one of the applicants Congressional representatives.
The complete DFAS evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3 April 2009 for review and response within 30 days (Exhibit C). 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 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 opinions and 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. 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 this application in Executive Session on 28 May 2009, under the provisions of AFI 36 2603:
, Panel Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-2009-00776 was considered:
Exhibit A. DD Form 149, dated 16 Feb 09, w/atchs.
Exhibit B. Letter, DFAS-RPB-TQAL/CL, dated 19 Mar 09.
Exhibit C. Letter, SAF/MRBR, dated 3 Apr 09.
Panel Chair
2
3
AF | BCMR | CY2006 | BC-2005-00015
The agreement also addressed that recoupment would occur if, and when, the applicant became eligible for retired pay, so the claims made by the applicant are clearly unfounded when he states that he did not know that his Reserve retired pay would be recouped for the SSB payment. AFPC/DPPRRP noted the applicant has requested an active duty retirement effective on his date of separation on 5 Jun 92. They stated the applicant did not have sufficient active service to request an active duty...
AF | BCMR | CY2007 | BC-2007-00061
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. 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. Therefore, we find no evidence...
AF | BCMR | CY2005 | BC-2004-02431
However, he was placed on the retired list effective 1 June 2001 and received retired pay through November 2001. Although he was selected for continuation on active duty, the Retirements Processing Section at AFPC was not notified until after the 1 June 2001 retirement had consummated in MilPDS. The AFPC/DPPPO evaluation is at Exhibit E. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: While AFPC contends he was an active duty...
AF | BCMR | CY2009 | BC-2007-03726
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibits B and H. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-RPB-TQAL/CL indicates that in order to make an election into the SBP open season, a payment of a buy in premium was required to cover the period of time...
ARMY | BCMR | CY2012 | 20120004406
Senator regarding the applicant's SSB recoupment from his military retired pay account. (3) Issue Three: DODFMR, Volume 7B, Chapter 4, subparagraph 040602 B, further states no recoupment of SSB is required, regardless of when paid, if the disability for which the member receives DVA compensation was incurred or aggravated during a period of later active duty. There is no evidence in his records and he did not provide any evidence that shows DFAS has recouped an inappropriate amount of...
AF | BCMR | CY2011 | BC-2011-03707
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03707 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His retired pay be calculated under the Final Basic Pay retirement plan rather than the High-36 retirement pay plan and his debt be removed. The complete DFAS evaluation is at Exhibit C. AFPC/DPSOR recommends denial, stating, in part, there is...
ARMY | BCMR | CY2003 | 2003088901C070403
APPLICANT STATES : That his pay was garnished while he was on the TDRL (temporary disability retired list), to satisfy the provisions of 10 USC, 1174 (h); however, he suffered an injustice because he was medically retired after 16 years of service. The Department of Defense Financial Management Regulation, paragraph 040602, states in pertinent part, "If a member who has received an SSB payment becomes eligible for retired pay, recoup from the member the gross amount of SSB received, as...
ARMY | BCMR | CY2011 | 20110015049
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Congressional correspondence * A copy of her discharge order * Various letters from the DFAS office * Two letters CONSIDERATION OF EVIDENCE: 1. She also provided a letter from the DFAS office, addressed to her Member in Congress on 20 June 2011, which shows the following: * The applicant had an indebtedness to the Department of Defense (DOD) in the original amount of...
AF | BCMR | CY2006 | BC-2005-01370
A complete copy of the DFAS-RPB-TQAL/CL evaluation, with attachment, is at Exhibit C. AFPC/DPPD recommended denial indicating the applicant’s DD Form 214 not be amended or changed reflect that she was medically retired on a later date since she was permanently retired after her DD Form 214 was issued. A complete copy of the AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2006 | BC-2006-00117
_________________________________________________________________ APPLICANT CONTENDS THAT: She took her oath of office and became a member of the Air Force on 29 Mar 63, which would credit her with over 20 years of service for purposes of qualifying her for the CRDP. 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...