RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03369 

 

 XXXXXXX COUNSEL: XXXXXXXXX COUNTY 

 VETERANS SERVICE 

 OFFICE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His 20 Jan 04 disability discharge with severance pay be 
rescinded and he be allowed to transfer to the Inactive Status 
List Reserve Section (ISLRS), awaiting retired pay at age 60. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not fully informed of the requirement for Department of 
Veterans Affairs (DVA) disability compensation to be offset by 
the severance pay he received in conjunction with his disability 
discharge from the Air Force. Had he been fully informed, he 
would not have elected to receive the severance pay, but instead 
would have elected to be transferred to ISLRS until he became 
eligible to receive retired pay at age 60. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant was honorably discharged from the Air Force Reserve on 
20 Jan 04 under the provisions of AFI 36-3209 (Disability – 
Entitled to Severance Pay). He was credited with 12 years, 
5 months, and 9 days of total active service, and 10 years, 
4 months, and 15 days of total inactive (Reserve) service. 

 

On 22 Sep 05, the applicant’s request to have his records 
corrected to reflect his name was placed on the Temporary 
Disability Retired List (TDRL), rather than being discharged 
with severance pay, was considered and denied by the Board 
(Exhibit C). 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is attached at Exhibit D. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial, indicating there is no evidence of 
an error or injustice during the disability process or at the 
time of the applicant’s discharge. The member elected to 
receive severance pay, forfeiting all rights to receive retired 
pay at age 60 under Chapter 1223, 10 USC. 

 

A complete copy of the AFPC/DPSD evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
10 Jul 09 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit E). 

 

________________________________________________________________ 

 

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 warranting 
rescission of the applicant’s discharge with severance pay in 
favor of his transfer to the Inactive Status List Reserve 
Section (ISLRS) to await retired pay at age 60. 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 its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence the applicant was given erroneous or 
incomplete information regarding his options related to his 
fitness determination and subsequent disability separation, we 
find no compelling basis to recommend granting the relief sought 
in this application. 

 

________________________________________________________________ 

 

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. 

 



________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2008-03369 in Executive Session on 5 Jan 10, under the 
provisions of AFI 36-2603: 

 

 XXXXXXXXXX, Panel Chair 

 XXXXXXXXXX, Panel Member 

 XXXXXXXXXX, Panel Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Aug 08. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Record of Proceedings, dated 22 Sep 05. 

 Exhibit D. Letter, AFPC/DPSD, dated 22 Jun 09. 

 Exhibit E. Letter, SAF/MRBR, dated 10 Jul 09.