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.
APPLICANT CONTENDS THAT:
There was a mistake in his initial retirement computation and he
should have received $755.00 a month instead of $672.00 a month.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 4, Enlistment Record
Armed Forces of the United States, on 20 May 59, he enlisted in
the Air Force Reserve.
According to Reserve Order EK-0057, dated 2 Oct 92, the
applicant was relieved of his assignment as a member of the Air
Force Reserve and, on 31 Dec 92, was transferred to the Retired
Reserve in the grade of Senior Master Sergeant (SMSgt, E-8) to
await retired pay at age 60.
According to Reserve Order EK-5764, dated 12 Jul 93, the
previous Reserve Order EK-0057 relating to the applicants
31 Dec 92 retirement was rescinded and his effective retirement
date was changed to 12 Mar 93, to await retired pay upon
attaining age 60 (30 Mar 97).
AIR FORCE EVALUATION:
DFAS-JBJE/CL recommends denial. The applicants retired pay
entitlement beginning on 30 Mar 97 is correct. On 14 Jul 14,
the applicant was provided a Reserve Retired Pay Calculation
Worksheet indicating his gross monthly pay was $755.00. Due to
the applicants retirement date of 30 Mar 97, he received a
retroactive payment in the gross amount of $25.17 for the month
of Mar 97. His gross pay was audited and verified to be
correct. Since the date of the applicants letter and audit
worksheet, there has been an additional cost of living allowance
of 1.7 percent, effective 1 Dec 14. The applicants contention
that he received $672.00 a month instead of $755.00 a month may
have been due to withholdings from his monthly gross pay.
Military retired pay is taxable and normally there is an amount
withheld for Federal taxes which will reduce the gross pay. The
worksheet provided to the applicant reflects gross pay prior to
any federal withholdings, not net pay which is the actual amount
received.
The complete DFAS evaluation, with attachment, 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 Mar 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 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
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof that he has
been the victim of an error or 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 members of the Board considered AFBCMR Docket
Number BC-2014-04154 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-04154 was considered:
Exhibit A. DD Form 149, dated 6 Oct 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS/CL, dated 13 Feb 15, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 3 Mar 15.
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