RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2003-02060
			INDEX CODE:  110.00
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive 10% disability compensation from the Air Force.

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APPLICANT CONTENDS THAT:

When he was discharged from the service and qualified for 10% compensable pay, yet he has not received payment as of this date.  He received $5,100.00 in severance pay and was told when it was recouped he would receive a 10% disability pay.

In support of his request, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 5 Jul 54 and was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Mar 58.  A Medical Evaluation Board (MEB) was initiated on 18 Mar 1964 and referred his case to the Physical Evaluation Board (PEB) for adjudication.  The PEB determined him unfit (chronic psycho physiologic nervous system reaction) for continued military service and recommended to the Physical Review Council (PRC) that he be discharged with a 10% disability rating with entitlement to disability severance pay computed under Title 10 USC, Section 1212.  The applicant concurred with the findings of the PEB, and the PRC recommended to the Secretary of the Air Force Personnel Council he be discharged with entitlement to severance pay with a 10% disability rating.  He was honorably discharged on 15 April 1964 with a disability severance payment of $5100.00.  He served 9 years, 9 months, and 11 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that service members discharged for a physical disability with entitlement to severance pay receive a one-time payment with no subsequent monthly compensation from the service at the time of their release from active duty.  The Department of Veterans Affair (DVA) deducts the entire amount of the Air Force disability severance pay from any DVA compensation paid.  At the discretion of the DVA, the member may repay the entire amount in one lump sum, or the DVA may withhold the monthly compensation until the total amount withheld equals the amount of the Air Force disability severance pay received.  The applicant was appropriately paid disability severance pay at the time of his release from active duty as required under Title 10, USC, Sections 1203 and 1212.  The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 August 2003 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  We took notice of the applicant's 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02060 in Executive Session on 3 Sep 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 24 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.