RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01754
							INDEX CODE:  128.14
								
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 December 2008

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APPLICANT REQUESTS THAT:

His date of separation (DOS) under the Fiscal Year 2007 (FY07) Force Shaping Program should be changed from 1 May 2007 to 18 April 2007, with entitlement to Voluntary Separation Pay (VSP).

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APPLICANT CONTENDS THAT:

Although the Air Force Personnel Center (AFPC) originally approved his request to separate under the FY07 Force Shaping Program on 18 April 2007, with entitlement to VSP, his Military Personnel Flight (MPF) mistakenly issued separation orders with a 1 May 2007 DOS.  Since the 1 May 2007 DOS places him over the exactly 12 years of service requirement for VSP, he is not eligible for the VSP.

He realizes that he will need to repay the active duty pay he received from 19 April 2007 to 1 May 2007 and is willing to do so in order to qualify for the VSP.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s Total Active Federal Military Service Date (TAFMSD) is 19 April 1995.

Under the FY07 Force Shaping Program, officers in selected Air Force specialties and year groups with more than six (6) and no more than exactly 12 years of completed service as of their requested DOS were eligible for VSP.  In addition, officers must have served at least five years of continuous active duty service immediately preceding the actual DOS.  VSP recipients are paid two times the standard rate of involuntary separation pay in a lump-sum payment upon separation, i.e., 20 percent of twelve times the amount of monthly basic pay to which the officer is entitled at the time of separation, times the years and full months of active military service computed from their TAFMSD.  Each full month of active military service that is in addition to the number of full years of active military service is counted as one-twelfth of a year.

On 9 January 2007, applicant voluntarily submitted an AF IMT 780, Officer Separation Actions, requesting to separate under the FY07 Force Shaping Program, effective 1 May 2007.  In a letter, dated 19 January 2007, applicant advised AFPC that he inadvertently submitted his separation request with a DOS of 1 May 2007, rather than 1 April 2007, which was indorsed by his commander.

On 1 May 2007, applicant was honorably discharged from all appointments.  He was not eligible to receive VSP since he completed 12 years and 13 days of active duty service.

When members surpass 12 years of active service, their monthly basic pay is increased.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant’s records be corrected to show that he was released from active duty effective 18 April 2007 and that he is entitled to receive VSP based on 12 years of active service.  AFPC/DPPRS notes, in part, that due to no fault of the applicant, they and the servicing Military Personnel Flight(MPF) overlooked his request for the 1 May 2007 DOS.  Based on the 1 May 2007 DOS he served on active duty for a period of 12 years and 13 days, rendering him ineligible for the VSP benefit.  Applicant’s case should not be looked at as an exception to policy and should there be any future cases, they should be reviewed on a case-by-case basis.

The AFPC/DPPRS evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation, with attachments, was forwarded to the applicant on 27 July 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  In this respect, we note the applicant voluntarily applied for separation under the FY07 Force Shaping Program - VSP on 9 January 2007 and requested a DOS of 1 May 2007.  However, ten days after submitting his separation request he realized that his originally requested DOS would render him eligible for VSP since he would have completed over 12 years of active service as of that date, and requested a DOS of 1 April 2007.  Despite this, and the fact that he would have completed 12 years and 13 days upon the 1 May 2007 DOS, AFPC approved his separation and his serving MPF issued orders discharging him on that date.  As a result, he did not receive VSP.  We also note that although the FY07 Force Shaping Program defined eligible officers as those with more than (six) 6 years and no more than exactly 12 years of active duty service, the law (10 USC 1775a) provides VSP entitlement for officers with more than (six) 6 years but not more than 20 years of active duty service.  In view of the above, and since through no fault of the applicant he was approved for separation under the FY07 Force Shaping Program - VSP with a DOS that would render him ineligible for VSP, we recommend his records be corrected to the extent indicated below.  In arriving at our decision, we are keenly aware that the courts have held that correction boards have an abiding moral sanction to determine, insofar as possible, the true nature of an alleged injustice and take steps to grant thorough and fitting relief.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 May 2007, he was not honorably discharged from all appointments, but on that date he was released from active duty and transferred to the Air Force Reserve, under the Fiscal Year 2007 Force Shaping Program, with entitlement to Voluntary Separation Pay based on 12 years and 13 days of total active duty service.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01754 in Executive Session on 18 September 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Jun 07, w/atchs.
     Exhibit B.  Letter, AFPC/DPPRS, dated 23 Jul 07, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.