RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04688
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His survivor benefit plan (SBP) debt of approximately $370.00 be
removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was retired on 25 Dec 07. His DD Form 2656, Data for Payment
of Retired Personnel, was completed on 15 Jan 08; however, the
date was incorrectly entered on the form as 15 Jan 07. As a
result, a debt was erroneously generated in the pay system
representing SBP premiums that had not been paid.
In support of his request, the applicant provides a timeline of
events and copies of his retirement order, DD Form 2656, and
correspondence related to the matter under review.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he served on
active duty in the grade of technical sergeant (E-6).
On 24 Dec 07, he was relieved from active duty and placed on the
Temporary Disability Retired List (TDRL), effective 25 Dec 07,
with a combined compensable disability rating of 60 percent.
Item 3 of the applicants DD Form 2656 reflects the applicant
was retired on 25 Dec 07; however, Item 32(b) reflects it was
signed on 15 Jan 07.
________________________________________________________________
AIR FORCE EVALUATION:
ANG/A1PS recommends relief be granted; however, they are not the
office to implement the proposed change to the records.
A complete copy of the ANG/A1PS 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 11 Feb 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we believe the applicant has raised
sufficient doubt regarding the date reflected on his DD Form
2656, Data for Payment of Retired Personnel. In this respect,
we note that while the applicant was transferred to the
Temporary Disability Retired List (TDRL) on 25 Dec 07, his
DD Form 2656 indicates that it was prepared and signed on
15 Jan 07, nearly 11 months prior to his retirement orders being
published. In view of the fact the DD Form 2656 is typically
prepared only after a member has retirement orders in hand, we
find it highly unlikely this form was prepared 11 months in
advance of his transfer to the TDRL, especially considering the
fact the Air Force had yet to render the decision to retire the
applicant for physical disability. Therefore, we believe it is
appropriate to resolve doubt in favor of the applicant and
recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that
corrected to show that Block 32(b), Date Signed, and Block
33(c), Date Signed, of his DD Form 2656, Data for Payment of
Retired Personnel, reflect 20071224, rather than 20070115.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04688 in Executive Session on 15 Sep 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 25 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.
Panel Chair
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