RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02779 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 18 (Remarks) be changed to exclude “Separation Pay - $12,704.28.” 2. By amendment at Exhibit F, his record be corrected to show that he is entitled to separation pay in the amount of $11,885.94 [sic]. APPLICANT CONTENDS THAT: His DD Form 214 indicates that he received $12,704.28 in separation pay. However, he was not entitled to nor did he receive separation pay. The error is preventing him from receiving full disability compensation from the Department of Veterans Affairs (DVA). In support of his request, the applicant provides a letter dated 29 August 2011, from the Comptroller Squadron (CPTS) advising him that he received two disbursements, totaling $2438.31 and after reviewing his Separation Pay Worksheet, it was determined that he was not entitled to any separation or severance pay. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 December 2002, the applicant entered the Regular Air Force. On 5 August 2010, the applicant received an honorable discharge and was credited with 7 years, 8 months, and 3 days of active service. His separation code is “HFY” which denotes “Adjustment Disorder.” The applicant’s DD Form 214, Block 18 (Remarks) reflects “Separation Pay - $12,704.28.” According to the applicant’s AF Form 100, Request and Authorization for Separation, he was authorized half (½) separation pay based on his separation code. AIR FORCE EVALUATION: AFPC/DPSOS recommends denial of the applicant’s request to remove the separation pay authorization and the amount from the remarks section of his DD Form 214. DODI 1332.29, Eligibility of Certain Regular and Reserve Personnel for Separation Pay upon Involuntary Discharge or Release from Active Duty, established the authorization for separation pay for individuals involuntarily separated with at least six years of active service. The applicant was credited with over seven years of active service. Therefore, the CPTS letter addressed to the applicant dated 29 August 2011, incorrectly stated that he was not entitled to separation pay. There is no evidence of an error or injustice regarding the applicant's discharge. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. DFAS-IN recommends approval of the applicant’s request to remove all reference to the separation pay from his DD Form 214. In accordance with the applicant’s Master Military Pay Account (MMPA), there is no entitlement of separation pay nor has a payment been posted. The applicant is not requesting payment. He is in the process of receiving DVA benefits and he would be required to return all monies received based on his discharge from the service. To simplify the situation, an adjustment of his DD Form 214 to remove all reference to the separation pay would satisfy his request. A complete copy of the DFAS-IN evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Prior to his separation from the Air Force, the base separations office advised him that he was not entitled to separation pay However, his DD Form 214 indicates that he received separation pay yet he never received a payment. After separating from the Air Force, he applied for DVA benefits and was notified that he was 50 percent disabled due to his service connected injuries. However, the DVA stated they would withhold his DVA compensation payments until it was equal to $11,885.94. The Veterans of Foreign Wars (VFW) representative advised him to submit a request to the Board to remove the reference that he received separation pay from his DD Form 214. He is now aware, via the AFPC/DPSOS advisory that he is in fact entitled to separation pay and would like to receive it - not just remove the information from his DD Form 214, Block 18 (Remarks). The applicant’s complete response is at Exhibit F. ADDITIONAL AIR FORCE EVALUATION: A copy of the applicant’s letter at Exhibit F, was provided to the Air Force office of primary responsibility (AFPC/DPSOS) and DFAS. In response, DFAS states he was eligible for separation pay; however, he was not entitled because he never signed an Individual Ready Reserve (IRR) agreement. The applicant should have been given the option of either accepting separation pay (by completing the IRR agreement) or refusing the pay. However, it appears this was not accomplished and the DD Form 214 was completed as though he received separation pay. AFPC/DPSOS recommends the applicant be entitled to separation pay, stating his separation code and time in service authorized him to receive 1/2 separation pay. Regarding the applicant’s request that he be paid separation pay in the amount of $11,885.94 [sic], AFPC/DPSOS states the actual amount an individual is entitled to receive will be determined by DFAS upon computation of final pay. The applicant separated in 2010, therefore, the IRR agreement is moot. However, should the Board grant his request, the applicant’s records should be corrected to reflect that he agreed to serve in the IRR for 3 years following his discharge. As required by Title 10 United States Code, Section 1556. Ex parte communications prohibited, on 18 December 2005, a summary of the verbal communication made by AFPC/DPSOS and DFAS to the Board was provided to the applicant for review and comment within 30 days (Exhibit G). APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In an email dated 18 December 2015, the applicant states he was not aware he was required to sign an IRR agreement and concurs with AFPC/DPSOS’s recommendation. In an email dated 27 January 2016, the applicant indicated that in 2011, the DVA stated that he would not receive DVA compensation benefits because his DD Form 214 indicated that he had received separation pay. He did not receive DVA compensation until sometime late 2012 and $875.00 a month was withheld until the amount was equal to the “supposed” separation pay he did not receive. He attempted to appeal the decision with the DVA; however, the DVA stated a revised/corrected DD Form 214 was required to receive the remaining DVA benefits. Subsequently, he has learned that he should have received separation pay and would like to do so. The applicant’s complete responses are at Exhibit H. 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the applicant initially requested his records be corrected to remove the reference to separation pay from the remarks section of his DD Form 214 contending that he never received separation pay. However, after receiving the AFPC/DPSOS advisory opinion dated 22 October 2014, the applicant has since amended his request to show that he was entitled to receive separation pay in the amount of $11,885.94 [sic]. After careful consideration of applicant's request and the available evidence of record, it appears the applicant, through no fault of his own, was improperly advised that he was not eligible for separation pay. In this respect, we note that AFPC/DPSOS indicates the CPTS letter dated 29 August 2011, incorrectly states the applicant was not entitled to separation pay. The verbal communication made by DFAS-IN on 18 December 2015, also acknowledges the applicant was eligible for separation pay yet states he was not entitled to the pay because he did not signed an IRR agreement. Contrarily, DFAS-IN states the applicant should have been given the option to accept or refuse the pay and it appears this was not accomplished. We also do not find it reasonable that the applicant would have knowingly elected not to receive the separation pay had he known he was eligible to do so by completing an IRR agreement. Therefore, we believe the interest of justice can best be served by providing the applicant the requested relief. While the applicant specifically requests his record be corrected to show that he is entitled to separation pay in the amount of $11,885.94, the actual amount an individual is entitled to receive, as pointed out by AFPC/DPSOS, will be determined by DFAS upon computation of final pay. Accordingly, we recommend the applicant's records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 4 August 2010, he submitted a written agreement to serve in the Individual Ready Reserve for 3 years and was entitled to receive 1/2 separation pay, in accordance with Title 10 United States Code, Section 1174. The following members of the Board considered AFBCMR Docket Number BC-2014-02779 in Executive Session on 21 January 2016 and 11 February 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. Due to the unavailability of -----, -------- will sign as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 July 2014, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOS, dated 22 October 2014. Exhibit D. Memorandum, DFAS-IN, undated. Exhibit E. Letter, SAF/MRBR, dated 19 November 2015. Exhibit F. Letter, Applicant, dated 2 December 2015 Exhibit G. Email, AFBCMR, dated 18 December 2015. Exhibit H. Emails, Applicant, dated 18 December 2015 and 27 January 2016.