RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03435
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Separation Program Designator (SPD) code of FCC (reduction in force) on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect Voluntary Separation Program (VSP), the program under which she separated from the Air Force.
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APPLICANT CONTENDS THAT:
The SPD code of FCC is incorrect and will cause her Department of Veterans Affairs (DVA) disability compensation to be offset by the amount of the Special Separation Benefit (SSB) she received under the VSP prior to her release from active duty.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
According to the applicants military personnel records, she served in the Regular Air Force in the grade of captain (O-4).
On 8 Nov 06, the applicant signed the Ready Reserve Agreement to receive voluntary separation pay under the VSP.
On 29 Sep 07, the applicant was honorably discharged, and was credited with 7 years, 3 months, and 3 days of active duty service and was issued an SPD Code of FCC and a narrative reason for separation of Reduction in Force.
On 30 Sep 07, the applicant was tendered an appointment in the Air Force Reserve in the grade of captain (O-3) and transferred to the Air Reserve Personnel Center (ARPC).
On 1 Oct 11, the applicant was honorably discharged from all appointments.
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, and D.
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AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial indicating there is no evidence of an error or an injustice. The applicant was separated from the Air Force under the provisions of MPFM: 07-59, dated 22 Aug 07, (FY08 Air Force Shaping Program, Voluntary Separation Pay Program (VSP)). She applied for separation under this program on 8 Nov 06 for separation to be effective 29 Sep 07. She was issued a DD Form 214, which appropriately indicated she was separated due to Reduction In Force with a SPD of FCC. The SPD code of FCC is the appropriate SPD code for members separated due to Reduction in Force. The DD Form 214 was properly completed and correctly reflects the SPD code and narrative reason for separation.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
DFAS-IN recommends denial indicating there is no evidence of an error or injustice. The applicant claims she has applied for DVA benefits and has been informed of recoupment of her SSB payment prior to being able to receive DVA disability benefits. Her Master Military Pay Account (MMPA) indicates that she was paid an amount of $118,588.26 in separation pay, less Federal Income Tax of $29,647.07, and a check in the amount of $88,941.19 was issued to her. Section 117 4 (h) (2) of title 10, United States Code, provides in pertinent part that a member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces, shall not be deprived, by reason of his receipt of such separation pay, severance pay, or readjustment pay, of disability compensation to which he is entitled under the laws administered by the DVA, but there shall be deducted from such compensation an amount equal to the total amount of separation pay, severance pay, and readjustment pay received.
A complete copy of the DFAS-IN memorandum for records is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 20 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E).
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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. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03435 in Executive Session on 1 Jul 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 4 Dec 13.
Exhibit D. Letter, DFAS-IN, NO DATE.
Exhibit E. Letter, SAF/MRBR, dated 20 May 14.
Exhibit G. MISC, Title 10, Sec 1174.
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