RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03169
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Special Separation Benefit (SSB) recoupment of $37,186.64 be
waived.
________________________________________________________________
APPLICANT CONTENDS THAT:
He separated from the Air Force on 1 October 1993. He retired
on 1 October 2007. He received a letter from the Defense
Finance and Accounting Service (DFAS) on 19 July 2010 explaining
that as a result of his previous separation from active duty,
the previously paid SSB would be recouped from his retirement
pay. However, at the time of his retirement, the recoupment
law had not been passed.
The entire amount of the debt was $75,000. They have already
taken $37,186.64. He is currently unemployed and has requested
waivers from different departments.
In support of his appeal, the applicant submits a personal
statement, DFAS notification and documentation from his master
personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the regular Air Force in the grade
of master sergeant on 1 October 1993. His narrative reason for
separation was listed as Early Release Program Special
Separation Benefit and he received $75,600.10 in separation pay.
On 30 September 2007, he was transferred to the Reserve Retired
List effective 1 October 2007; eligible for retired pay at
age 60.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial. The applicant received separation pay
from the Air Force in the amount of $75,501.36. His outstanding
balance is $33,230.96. In accordance with Title 10 U.S.C.
Section 1174(h), all members who receive separation pay and
later become eligible for retired pay shall have an amount
deducted from their monthly pay until the gross amount of
separation pay is recovered.
The Department of Defense (DoD) conducted a formal review of the
recoupment program. The DoD review is complete and Sections
1174(h) and 1175(e) of Title 10 U.S.C. have been amended to help
limit the financial strain on military retirees as they repay
their outstanding balances. As a result, the maximum recoupment
rate has been reduced from 90 percent to 40 percent. Currently,
$1145.60 is being deducted per month. If the applicant would
like a more lenient payment, he may submit that request directly
to DFAS.
According to law, the SSB or Voluntary Separation Incentive
Payment cannot be waived. This is not a debt; it is a
recoupment and cannot be waived.
The complete DFAS evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 January 2014, 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 error or injustice. After
thoroughly reviewing the evidence of record and the applicants
complete submission, we are not persuaded that a change in the
record is warranted. Other than his own assertions, there is no
evidence submitted to substantiate that he is a victim of an
error or injustice. Therefore, we agree with the opinion and
recommendation of the DFAS and adopt their rationale as the
basis for our conclusion and find that by law, we cannot waive
the recoupment of the Special Separation Benefit. Additionally,
as noted by DFAS, if the applicant wishes to request a more
lenient payment plan, he must submit that request directly to
DFAS. Accordingly, we find no basis to recommend granting the
relief requested.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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-2013-03169 in Executive Session on 1 April 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jun 13, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, DFAS, 20 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
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