RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02035
		INDEX CODE:  100.00 
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to reflect her election to receive  retirement pay at age 60, rather than discharge with severance pay.

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APPLICANT CONTENDS THAT:

She spoke with personnel at Grand Forks AFB and was informed that she could retire one of two ways.  She could take a lump sum retirement or wait until age 60 and receive monthly pension checks.  She asked what the ramifications would be for selecting the lump sum payment and was informed she would receive medical retirement but instead of waiting until age 60 she would receive payment now, and would be entitled to all other benefits at age 60; however, could not receive a retirement card until age 60.  Therefore, she decided to take the lump sum.

She has been diagnosed with cancer and is willing to pay back the severance pay she received in order to be a part of Tricare for Life.  She realizes she signed a form electing to be discharged with severance pay; however, she signed the form based on the information she received from personnel at Grand Forks AFB.

In support of her request, the applicant provided a personal statement and a copy of the Election Form Regarding Early Qualification for Retired Pay at Age 60.

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

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STATEMENT OF FACTS:

On 16 February 1999, the Secretary of the Air Force Personnel Council found the applicant physically unfit for continued military service.

On 22 February 1999, applicant signed an Election Regarding Early Qualification for Retired Pay at Age 60 electing discharge with severance pay.

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AIR FORCE EVALUATION:

NGB/A1POFM recommends denial.  A1POFM states they cannot confirm whether or not the applicant was briefed correctly regarding her eligibility to receive retired pay; however, several documents reveal that she signed a statement and was provided information in writing in which she specifically chose to receive severance pay in lieu of retirement.

Applicant states in her own statement of events that she signed the election statement clearly expressing that she elected discharge with severance pay and that she would not receive retired pay.  The 31 March 1999 memorandum, Subject:  Final Physical Evaluation Determination, clearly states that “beyond disability severance pay, your discharge will terminate your entitlement to Air Force benefits (to include any retirement pay).”  Even if applicant was briefed incorrectly at Grand Forks AFB (which is unsubstantiated), overwhelming evidence is provided that clearly states that she was aware of her decision and consciously chose discharge with severance pay.

A1POFM’s complete evaluation is at Exhibit B.

NGB/A1PS concurs with NGB/A1POFM.  NGB/A1PS’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 an error or injustice.  The applicant’s contentions are duly noted; however, we do not find her uncorroborated assertions of miscounseling sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility.  Therefore, we adopt their rationale as basis for our conclusion that she has failed to sustain her burden of proof of the existence of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02035 in Executive Session on 27 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 22 June 2007, w/atchs.
  Exhibit B.  Letter, NGB/A1POFM, dated 12 January 2008, w/atchs.
  Exhibit C.  Letter, NGB/A1PS, dated 14 January 2008.
  Exhibit D.  Letter, SAF/MRBR, dated 18 January 2008.