RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04688 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His survivor benefit plan (SBP) debt of approximately $370.00 be removed. ________________________________________________________________ APPLICANT CONTENDS THAT: He was retired on 25 Dec 07. His DD Form 2656, Data for Payment of Retired Personnel, was completed on 15 Jan 08; however, the date was incorrectly entered on the form as 15 Jan 07. As a result, a debt was erroneously generated in the pay system representing SBP premiums that had not been paid. In support of his request, the applicant provides a timeline of events and copies of his retirement order, DD Form 2656, and correspondence related to the matter under review. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on active duty in the grade of technical sergeant (E-6). On 24 Dec 07, he was relieved from active duty and placed on the Temporary Disability Retired List (TDRL), effective 25 Dec 07, with a combined compensable disability rating of 60 percent. Item 3 of the applicant’s DD Form 2656 reflects the applicant was retired on 25 Dec 07; however, Item 32(b) reflects it was signed on 15 Jan 07. ________________________________________________________________ AIR FORCE EVALUATION: ANG/A1PS recommends relief be granted; however, they are not the office to implement the proposed change to the records. A complete copy of the ANG/A1PS 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 11 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has raised sufficient doubt regarding the date reflected on his DD Form 2656, Data for Payment of Retired Personnel. In this respect, we note that while the applicant was transferred to the Temporary Disability Retired List (TDRL) on 25 Dec 07, his DD Form 2656 indicates that it was prepared and signed on 15 Jan 07, nearly 11 months prior to his retirement orders being published. In view of the fact the DD Form 2656 is typically prepared only after a member has retirement orders in hand, we find it highly unlikely this form was prepared 11 months in advance of his transfer to the TDRL, especially considering the fact the Air Force had yet to render the decision to retire the applicant for physical disability. Therefore, we believe it is appropriate to resolve doubt in favor of the applicant and recommend his 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 corrected to show that Block 32(b), Date Signed, and Block 33(c), Date Signed, of his DD Form 2656, Data for Payment of Retired Personnel, reflect “20071224,” rather than “20070115.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04688 in Executive Session on 15 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 25 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.