RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03425
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His severance pay should have been for six years not four years.
________________________________________________________________
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APPLICANT CONTENDS THAT:
His date entered active duty was October 1982, not January 1986.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
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STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 6 October 1982 to 22 March 1988. He
served as an Air Traffic Controller and was progressively
promoted to the grade of sergeant (E-4).
On 5 February 1988, a Medical Evaluation Board (MEB) diagnosed
the applicant with Myofascial Syndrome, incurred while entitled
to basic pay. The MEB referred his case to a Physical
Evaluation Board (PEB).
The PEB confirmed the diagnosis and found the applicants
condition was in the line of duty, and that he was unfit for
continued military service. The PEB recommended the applicant
be discharged with a compensable percentage of disability of
20 percent. On 2 March 1988, the applicant concurred with the
PEBs findings and recommendation.
The applicant was honorably discharged with severance pay
effective 22 March 1988 after serving 5 years, 5 months, and
17 days on active duty.
The remaining relevant facts, extracted from the applicants
master personnel records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
DFAS-IN recommends denial. DFAS-IN states that per their
computation, the applicant was paid for five years, as his Total
Active Federal Military Service Date (TAFMSD) was 6 October 1982
and his date of separation was 22 March 1988. His total service
time was 5 years, 5 months, and 16 days. He would have had to
serve over 5 years and 6 months to be entitled to severance pay
calculated on six years of active duty military service.
The complete DFAS-IN 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 26 December 2012, 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 an injustice. 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 Defense Finance and Accounting Service and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Additionally, he has not established that he was treated
differently than anyone else in his situation. Therefore, in
the absence of evidence to the contrary, we find no 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 AFBCMR Docket
Number BC-2012-03425 in Executive Session on 8 May 2013, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2012-03425:
Exhibit A. DD Form 149, dated 25 Jul 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-IN, dated 17 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Dec 12.
Vice Chair
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