RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02338
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Recoupment of his Special Separation Benefit (SSB) from his
military retired pay account be waived.
APPLICANT CONTENDS THAT:
The separation pay he received was due to service team inaction
and he only used it for a year. Defense Finance and Accounting
Service (DFAS) now says he must pay it back after 25 years.
This will create a hardship because seven months ago he lost his
job and is now on a fixed income due to early retirement.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Sep 76, the applicant entered the Air Force Reserves.
According to his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued in conjunction with his 30
Apr 88 separation, his separation net pay was $24,000.00.
On 29 Mar 04, the applicant was honorably separated from the
Alabama Air National Guard and transferred to the Air Force
Reserve Retired List, effective 30 Mar 04.
On 25 Jan 12, the applicant was retired from the Air Force
Reserves. He was credited 37 years, 2 months and 26 days
service for basic pay.
AIR FORCE EVALUATION:
DFAS-CL recommends denial of the applicants request to have
recoupment of his SSB from his military retired pay waived. In
accordance with Title 10 U.S.C. Section 1175(e)(3)(A), he
received SSB in the gross amount of $30,000.00 and later became
eligible for retired pay; therefore, he shall have an amount
deducted from his monthly military retired pay until the gross
amount of separation pay is recovered. In addition, the monthly
amount of recoupment reduces his monthly taxable income and is a
tax benefit for the applicant.
For reasons of financial hardship, the recoupment rate could be
reduced to 10% of his gross retirement pay. Effective 1 Jan 15,
his recoupment would be $263.30 with a remaining balance of
$27,656.70.
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 4 May 15 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
While we acknowledge the applicants request to waive the
recoupment of the SSB, we do not believe he has demonstrated
evidence of an injustice. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the
requested relief.
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.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02338 was considered:
Exhibit A. DD Form 149, dated 4 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-CL, dated 26 Mar 15.
Exhibit D. Letter, SAF/MRBR, dated 4 May 15.AF | BCMR | CY2009 | BC 2009 00776
Title 10 USC, Section 1174h requires SSB payments must be recouped from any future military retired pay by withholding a percentage of the retired pay until the gross amount is collected. On 25 November 2008, the applicant received notification from DFAS that her SSB would begin to be recouped from her monthly retired pay in the amount of $1,703.53 beginning with her pay check dated, 2 February 2009. We took notice of the applicant's complete submission in judging the merits of the case;...
AF | BCMR | CY2013 | BC 2013 02212
Title 10 USC §1407(c)(1), indicates retired pay is calculated based on the 36 month average for individuals who entered military service after 7 Sep 80; however, individuals who retired under §12731 are exempt from retired pay being calculated based on the high 36 month average. A complete copy of the DFAS-JBJE/CL evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was placed in the...
AF | BCMR | CY2012 | BC-2012-00140
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00140 COUNSEL: HEARING DESIRED: YES IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected his former spouse as beneficiary of his Survivor Benefit Program (SBP) based upon full retirement pay. The court ordered the applicant to provide SBP coverage on the former spouse’s behalf, but did not...
AF | BCMR | CY2006 | BC-2005-00015
The agreement also addressed that recoupment would occur if, and when, the applicant became eligible for retired pay, so the claims made by the applicant are clearly unfounded when he states that he did not know that his Reserve retired pay would be recouped for the SSB payment. AFPC/DPPRRP noted the applicant has requested an active duty retirement effective on his date of separation on 5 Jun 92. They stated the applicant did not have sufficient active service to request an active duty...
ARMY | BCMR | CY2012 | 20120004406
Senator regarding the applicant's SSB recoupment from his military retired pay account. (3) Issue Three: DODFMR, Volume 7B, Chapter 4, subparagraph 040602 B, further states no recoupment of SSB is required, regardless of when paid, if the disability for which the member receives DVA compensation was incurred or aggravated during a period of later active duty. There is no evidence in his records and he did not provide any evidence that shows DFAS has recouped an inappropriate amount of...
AF | BCMR | CY2013 | BC 2013 03169
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. However, at the time of his retirement, the recoupment law had not been passed. The applicant received separation pay from the Air Force in the amount of $75,501.36.
AF | BCMR | CY2014 | BC 2014 04154
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04154 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect his retired pay as $755.00 per month, effective 30 Mar 97, versus $672.00 per month. On 14 Jul 14, the applicant was provided a Reserve Retired Pay Calculation Worksheet indicating his gross monthly pay was $755.00. Exhibit D. Letter, SAF/MRBR, dated 3 Mar 15.
AF | BCMR | CY2013 | BC-2012-03966
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03966 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. ________________________________________________________________ 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...
AF | BCMR | CY2013 | BC-2012-04631
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. ________________________________________________________________ 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;...
ARMY | BCMR | CY2003 | 2003088901C070403
APPLICANT STATES : That his pay was garnished while he was on the TDRL (temporary disability retired list), to satisfy the provisions of 10 USC, 1174 (h); however, he suffered an injustice because he was medically retired after 16 years of service. The Department of Defense Financial Management Regulation, paragraph 040602, states in pertinent part, "If a member who has received an SSB payment becomes eligible for retired pay, recoup from the member the gross amount of SSB received, as...