RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01755
							INDEX CODE:  128.14
								
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 December 2008

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APPLICANT REQUESTS THAT:

As an exception to policy, his date of separation (DOS) under the Fiscal Year 2007 (FY07) Force Shaping Program should be changed to 17 May 2007, with entitlement to Voluntary Separation Pay (VSP) for 12 years and one (1) day of total active duty service.

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APPLICANT CONTENDS THAT:

His request to separate under the FY07 Force Shaping Program -VSP with a DOS of 17 May 2007 was originally approved.  However, the DOS unintentionally rendered him ineligible for the VSP since he would have 12 years and 1 day of total active duty service.  His Military Personnel Flight (MPF) and the Air Force Personnel Center (AFPC) failed to correct his DOS prior to separation.  

In an attempt to cover/correct errors, on 17 May 2007, APFC changed his DOS to 16 May 2007, and his separation orders were amended accordingly.  He was not notified of the change until his final out-processing appointment.  He was told by a Defense Finance and Accounting System (DFAS) representative that if he did not accept the 16 May 2007 DOS, he would not receive VSP.  As a result of this error, he was forced to forfeit pay and record of his last active duty day, and reduced overall estimated VSP benefits by over $7,000.00.  It is unreasonable and unjust to reach an agreed upon DOS simply to be told it no longer exists and the advertised and estimated VSP benefits will not be paid.

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 17 May 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 basis pay to which the officer is entitled at the time of separation, times the years and full months of action 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 3 August 2006, applicant voluntarily submitted an AF IMT 780, Officer Separation Actions, requesting to separate under the FY07 Force Shaping Program - VSP, effective 17 May 2007.

Headquarters 72nd Mission Support Squadron Special Order AS-0984, dated 26 April 2007, authorized the applicant’s release from active duty effective 17 May 2007, with VSP entitlement.

On 17 May 2007, Headquarters 72nd Mission Support Squadron special order AS-0984, dated 26 April 2007, was amended to reflect his DOS as 16 May 2007.  His DD Form 214, Certificate of Release or Discharge from Active Duty, indicates that on 16 May 2007, he was released from active duty and transferred to the Air Force Reserve under the provisions of AFI 36-3207 (Force Shaping - VSP), with entitlement to VSP.  He completed 12 years 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 17 May 2007, with entitlement to VSP and that DFAS be directed to recalculate his VSP based on 12 years and 1 day of total active service.  AFPC/DPPRS notes, in part, that on 17 May 2007, applicant went to his Military Personnel Flight(MPF) for out-processing and discovered, due to no fault of his own, that his separation orders had been amended to reflect his DOS as 16 May 2007.  Technically, he had already separated from the Air Force when he went to the MPF to out-process and was totally unaware his DOS had been changed.  Although applicant had received a briefing from the Base Financial Office indicating that he would receive VSP in the amount of $150,577.92 based on 12 years and one (1) day of active service, as a result of his DOS being changed to 16 May 2007, his VSP was reduced to $143,501.76, based on 12 years of active service.  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.

AFPC/DPPR has previously coordinated with AF/A1 and DFAS; both are willing to support VSP payment for 12 years and 1 day.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Contrary to the evaluation, his DOS was not amended on 2 May 2007, but rather on 17 May 2007.  As such, since 17 May 2007 was his last duty day, the change to his DOS was unjust.  On 17 May 2007, he earned his base pay increase for having over 12 years of service.  The cumulative impact of the reversal/nullification is in excess of $7,250.00.

Applicant’s complete response, with attachments, is at Exhibit D.

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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 to warrant, as an exception to policy, the applicant’s separation under the FY07 Force Shaping Program, with entitlement to VSP based on 12 years and one (1) day of total active service.  In this respect, we note the applicant was provided a Separation Payment Worksheet indicating that he would receive VSP in the amount of $150,577.92 if he chose to separate on 17 May 2007, under the FY07 Force Shaping Program.  Based on this information, on 3 August 2006, he voluntarily applied for separation under the FY07 Force Shaping Program - VSP, requesting a DOS of 17 May 2007.  His request was approved and on 26 April 2007, orders were prepared authorizing his separation on 17 May 2007, with VSP entitlement.  However, on the day he was to out-process at his servicing Military Personnel Flight (MPF), he was advised that his DOS of 17 May 2007 rendered him ineligible for VSP entitlement since he would have over 12 years of active duty service as of that date.  On that date, his separation orders were amended to reflect that he was separated on 16 May 2007, in order to receive VSP entitlement.  However, since he had exactly 12 years of active service on 16 May 2007, his actual VSP entitlement was $7,076.16 less than that estimated in the Separation Payment Worksheet he was previously provided.  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.  In view of the above, and since through no fault of the applicant he was led to believe that his 17 May 2007 separation would entitle him to VSP entitlement based on 12 years and one (1) day, we recommend that 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:

	a.	On 16 May 2007, he was not released from active duty and transferred to the Air Force Reserve, but on that date he continued to serve on active duty.

	b.	On 17 May 2007, 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 one (1) day of total active service.

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The following members of the Board considered this application 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 pertaining to AFBCMR Docket Number BC-2007-01755 was considered:

     Exhibit A.  DD Form 149, dated 28 May 2007, w/atchs.
     Exhibit B.  Memo, AFPC/DPPRS, dated 13 Jul 07, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 27 Jul 07.
     Exhibit D.  Letter, Applicant, dated 16 Aug 07, w/atchs.