RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00218
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her military retirement pay record be corrected.
2. The recoupment of her Career Status Bonus (CSB) from her
military retired pay be waived.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was medically retired based on disabilities related to
muscular sclerosis, however, her pay records do not reflect that
her retirement was a medical retirement. She is not being paid
as a 22-year, retired, Master Sergeant. According to the DoD
Financial Management Regulation (DoDFMR) 7000.14R, Volume 7A,
chapter 66, if a military member is retired due to
disabilities, the CSB recoupment would be waived.
In support of her request the applicant submits a copy of her
retirement order and an excerpt from DoDFMR 7000.14R, Volume 7A,
chapter 66.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on a copy of her DD Form 214, Certificate of Release or
Discharge from Active Duty, extracted from the Automated
Personnel Management System (ARMS), the applicant is a former
Regular Air Force member who served from 23 August 1989 to
28 September 2011. Her narrative reason for separation was
Retirement Disability, Permanent with an honorable
characterization of service. She was credited with 22 years, 1
month and 6 days of active duty service.
The additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
AIR FORCE EVALUATION:
1. DFAS-CL states there is no action to be taken. The
applicant was placed on the disability retired list pursuant to
the provisions of 10 U.S.C. § 1201. A letter received from the
applicant requesting a retired pay audit, stated that she did
not have the CSB/REDUX program. However, they have information
from her active duty pay records that verifies she did receive a
CSB entitlement of $30,000, on 23 August 2004. As she initially
entered military service after 8 September 1980, she is entitled
to pay computations based on the average of her highest 36-
months of basic pay received, not the final basic pay received.
2. Since the applicant is a disability retiree, the percent
multiplier used to compute her pay is not reduced as would be
for a non-disability REDUX retirement. Her percent multiplier
is 55.20% which is based on 22 years and 1 month of service. In
accordance with the DoDFMR Vol 7A, Chapter 66. 660302 (A)(2),
The Secretary of the military department shall waive the
required refund if the member is separated or retired as a
result of a physical disability under 10 U.S.C. Chapter 61.
3. There are no monies being recouped from the applicants
military retired pay due to her receipt of the CSB. However, as
the applicant did accept the CSB, her retired pay is subject to
the cost of living adjustment (COLA) less 1%. Upon reaching age
62, she will be entitled to a restoration of the reduced COLA,
and the REDUX computation would be restored to that amount that
would have been payable had she not taken the CSB. Future
COLA's after that time will continue to be reduced by 1%.
The complete DFAS-CL 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 3 February 2013 for review and comment within 30
days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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. 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 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.
________________________________________________________________
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 17 October 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-00218 was considered:
Exhibit A. DD Form 149, dated 7 January 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, DFAS/CL, dated 25 January 2013.
Exhibit D. Letter, SAF/MRBR, dated 3 February 2013.
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