RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03499 

  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her military service obligation (MSO) in the Individual Ready Reserve (IRR) be included in her IRR Agreement, confirming her commitment to service in the IRR and qualifying her to receive separation pay.  

APPLICANT CONTENDS THAT:

She agreed to serve in the IRR after her separation in order to receive the separation pay.  The Air Force Personnel Center said she needed to sign an IRR Agreement Conditional for Enlisted Separation Pay, which makes no sense because she was a commissioned officer.  Subsequently, Defense Finance and Accounting Service (DFAS) unjustly notified her she must repay the separation.  

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

STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of captain during the matter under review.

On 31 Jan 16, the applicant was furnished an honorable discharge, and was credited with 14 years, 11 months, and 4 days of active service.   

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  She separated under the provisions of AFI 36-3207, Separating Commissioned Officers, chapter 3, paragraph 3.4 (officers who aren’t selected for promotion) with an honorable discharge.  Based on her years of service, the applicant was eligible for separation pay as long as she agreed to serve in the IRR for a period of no less than three years.  The applicant agreed to serve the required period in the IRR and was provided separation pay.

DFAS was provided the incorrect form, resulting in a debt against the applicant.  She should have completed Attachment 3, Ready Reserve Agreement to Receive Separation Pay.  Then, when the correct form was submitted to DFAS, it was dated and signed after the applicant’s date of separation (DOS), making it invalid.  Through no fault of her own, she was burdened with an unjustified debt of paying back her separation pay. 

DP2STM recommends the debt be cleared as long as it was incurred as a direct result of the erroneous IRR agreement and not any VA disability compensation. 

A complete copy of the AFPC/DP2STM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 Sep 17 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DP2STM and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated 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 31 January 2016, she elected to serve in the Individual Ready Reserve (IRR) for a period of no less than three years following her separation from active duty and entitled to receive the associated separation pay.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03499 in Executive Session on 14 February 2018 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

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

	Exhibit A.  DD Form 149, dated 25 Aug 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, AFPC/DP2STM, dated 18 Aug 17.
	Exhibit D.  Letter, AFBCMR, dated 26 Sep 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.