RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04631
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The recoupment of the $47,742.00 severance payment he received
in 1993 be waived.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not provided the opportunity to make the election to
transfer into the Inactive Status List Reserve Section (ISLRS)
and was therefore discharged from the Temporary Disability
Retired List (TDRL) with severance pay. It has been 19 years
since he received severance pay, which has been spent. He was
not made aware of the error until 2010.
In support of his request, the applicant provides copies of
electronic communiqués, AFBCMR BC-2011-00291 documents, Special
Order number ACD-BCMR-001, a fax from his congressman and
various other documents associated with this request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
In 2009/2010, the applicant submitted a DD Form 149, Application
for Correction of Military Records, requesting that his removal
from the TDRL and his discharge with severance pay be set aside
and that his records reflect that he elected to be placed on the
ISLRS to accept 20 year reserve retirement at age 60.
On 29 March 2010, AFPC/DPSD prepared an advisory recommending
approval of the applicants request to elect transfer into the
ISLRS effective 10 July 1993 and also recommended recoupment of
his $47,742.00 disability severance pay.
On 26 August 2011, the AFBCMR granted the applicants request
that he be removed from the TDRL and his discharge with
severance pay effective, 10 July 1993, be set aside and reflect
that he elected to be placed on the ISLRS to accept his 20 year
Reserve retirement at age 60. It was also directed that his
$47,742.00 disability severance pay be recouped.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JBJE/CL recommends denial. JBJE/CL states that on
29 January 1992, the applicant was released from active service
and placed on the TDRL. On 30 June 1993, he was removed from
the TDRL effective 10 July 1993, with entitlement to disability
severance pay.
Air National Guard members who have twenty years of satisfactory
service and receive a recommendation of discharge with severance
pay are afforded the opportunity to either elect transfer into
the ISLRS and retire at age 60 with a reserve retirement, or
accept the severance pay. The Board reviewed the member's
personnel record and it appeared that he was not provided the
opportunity to make the election to transfer into the ISLRS and
was therefore discharged from the TDRL with severance pay. His
records were changed to show that on 10 July 1993, he exercised
his option under Title 10, U.S.C. 12732 to transfer to the ISLRS
in lieu of being entitled to receive disability severance pay.
In accordance with Title 10, U.S.C. § 1174(h)(l) and
§1174(h)(2), a member who has received separation pay under this
section, or separation pay, severance pay, or readjustment pay
under any other provision of law, based on service in the armed
forces, and who later qualifies for retired or retainer pay
under this title or Title 14 shall have deducted from each
payment of such retired or retainer pay an amount, in such
schedule of monthly installments as the Secretary of Defense
shall specify, taking into account the financial ability of the
member to pay and avoiding the imposition of undue financial
hardship on the member and member's dependents, until the total
amount deducted is equal to the amount of separation pay,
severance pay, and readjustment pay so paid. The severance
payment that he was entitled to receive was legal and proper
when payment was made. Considering the law and that the
payment, when made, was legal and proper, JBJE/CL recommends
that the request for waiver of the recoupment of his severance
pay not be approved.
The complete JBJE/CL evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 5 November 2012, a copy of the DFAS evaluation was forwarded
to the applicant 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. 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 relief of his
indebtedness to the government is warranted. Therefore, we agree
with the opinion and recommendation of DFAS and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Absent persuasive
evidence that he was denied rights to which he was entitled, 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 this application
in Executive Session on 2 July 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-04631:
Exhibit A. DD Form 149, dated 14 May 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, DFAS-JBJE/CL, dated 25 October 2012.
Exhibit D. Letter, SAF/MRBR, dated 5 November 2012.
Panel Chair
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