RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03272
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive a lump sum payment for her 60 days of accrued leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She had 60 days of leave prior to her separation from the Air
Force. She was informed that she should have been able to sell
back her leave.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 August 2008, the applicant was relieved from active duty
and on 16 August 2008 placed on the Temporary Disability Retired
List (TDRL) in the grade of captain. She served 10 years,
6 months and 19 days of active service for retirement and
18 years, 2 months and 28 days of service for basic pay.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-IN recommends denial. DFAS states the applicants Master
Military Pay Account (MMPA) reflects a final check in the amount
of $11,208.23 was issued on 18 August 2008. This payment was for
pay and allowances from 1 through 15 August 2008 as well as for
the 60 days of leave remaining on her account.
The DFAS-IN complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 October 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
_________________________________________________________________
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
applicants contentions are duly noted; 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 that the applicant has not been the victim of an error
or injustice. Therefore, we find no basis to recommend granting
the relief sought in this application. In order to facilitate
the applicants understanding of the monies paid to her, we have
obtained a copy of her Leave and Earnings Statement for the
period 1 through 30 September 2008, which includes payment for
60 days of leave.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2012-03272 in Executive Session on 5 March 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03272 was considered:
Exhibit A. DD Form 149, dated 5 July 2012, w/atchs.
Exhibit B. Letter, DFAS-IN, not dated.
Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.
AF | BCMR | CY2005 | BC-2004-03272
A complete copy of the Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 January 2005, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. After reviewing the evidence of record, we agree with the findings and recommendation of the Joint Personal Property Shipping Office and adopt its rationale as the basis for our decision that the...
AF | BCMR | CY2012 | BC-2012-05181
In January 2011, she closed her account, yet DFAS continued to send payments. She received an entry level separation and her service was uncharacterized. The applicant contends she was not notified of the debt, yet, the bank statements provided shows receipt of payment through January.
AF | BCMR | CY2012 | BC-2012-01548
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22...
AF | BCMR | CY2008 | BC-2007-03242
She used 15 days during FY07. Additionally, paragraph 4.1.4, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of leave they accrue each year. After a thorough review of the evidence of record and the documentation submitted in support of her appeal, we find no evidence that at the time of her separation from the Air Force, a condition existed that rendered her unable to...
AF | BCMR | CY2009 | BC 2009 01138
She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." Included with the letter was some general information on retired pay, the appropriate pay application forms, and information regarding her RCSBP election of automatic option "C." When the applicant filled out her application for retired pay DD Form 2656, she changed her election from spouse to electing not to participate in SBP. The Legal Advisor states the applicant may in...
AF | BCMR | CY2009 | BC-2009-01138
She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." Included with the letter was some general information on retired pay, the appropriate pay application forms, and information regarding her RCSBP election of automatic option "C." When the applicant filled out her application for retired pay DD Form 2656, she changed her election from spouse to electing not to participate in SBP. The Legal Advisor states the applicant may in...
AF | BCMR | CY2014 | BC 2014 01627
According to DFAS Debt Computation Details, included in the aforementioned letter, the applicants debt in the amount of $8,079.75 was computed as follows: Item Total Amount Total Entitlements (Includes a lump sum leave payment of $3,865.46 for 13.5 days of leave) $15,454.96 Less Total Deductions -$12,182.38 Less Total Payments -$11,352.33 Total Owed (In debt) ($8,079.75) The applicants DD Form 214 reflects her separation date as 30 August 2013. The complete FMFF evaluation is at Exhibit...
AF | BCMR | CY2009 | BC 2009 00776
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. 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. We took notice of the applicant's complete submission in judging the merits of the case;...
AF | BCMR | CY2010 | BC-2010-03963
The applicant completed an election to decline SBP coverage; however, her husbands concurrence was dated prior to the date of her signature, invalidating the election. DPSIAR on 5 November 2010, they requested the applicant obtain a notarized statement signed by her husband to acknowledge he understands retired pay ceases when the applicant dies and approval of her request would result in him receiving no monetary benefit from the Air Force upon her death. As of this date, this office has...
AF | BCMR | CY2012 | BC-2012-01863
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01863 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her Survivor Benefit Plan (SBP) option be corrected to establish coverage for another natural person with an insurable interest (NIP) due to the death of her previous beneficiary. In support of her request the applicant submits a...