RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00218 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her military retirement pay record be corrected. 2. The recoupment of her Career Status Bonus (CSB) from her military retired pay be waived. ________________________________________________________________ APPLICANT CONTENDS THAT: She was medically retired based on disabilities related to muscular sclerosis, however, her pay records do not reflect that her retirement was a medical retirement. She is not being paid as a 22-year, retired, Master Sergeant. According to the DoD Financial Management Regulation (DoDFMR) 7000.14R, Volume 7A, chapter 66, “if a military member is retired due to disabilities, the CSB recoupment would be waived.” In support of her request the applicant submits a copy of her retirement order and an excerpt from DoDFMR 7000.14R, Volume 7A, chapter 66. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty, extracted from the Automated Personnel Management System (ARMS), the applicant is a former Regular Air Force member who served from 23 August 1989 to 28 September 2011. Her narrative reason for separation was “Retirement Disability, Permanent” with an honorable characterization of service. She was credited with 22 years, 1 month and 6 days of active duty service. The additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. AIR FORCE EVALUATION: 1. DFAS-CL states there is no action to be taken. The applicant was placed on the disability retired list pursuant to the provisions of 10 U.S.C. § 1201. A letter received from the applicant requesting a retired pay audit, stated that she did not have the CSB/REDUX program. However, they have information from her active duty pay records that verifies she did receive a CSB entitlement of $30,000, on 23 August 2004. As she initially entered military service after 8 September 1980, she is entitled to pay computations based on the average of her highest 36- months of basic pay received, not the final basic pay received. 2. Since the applicant is a disability retiree, the percent multiplier used to compute her pay is not reduced as would be for a non-disability REDUX retirement. Her percent multiplier is 55.20% which is based on 22 years and 1 month of service. In accordance with the DoDFMR Vol 7A, Chapter 66. 660302 (A)(2), “The Secretary of the military department shall waive the required refund if the member is separated or retired as a result of a physical disability under 10 U.S.C. Chapter 61.” 3. There are no monies being recouped from the applicant’s military retired pay due to her receipt of the CSB. However, as the applicant did accept the CSB, her retired pay is subject to the cost of living adjustment (COLA) less 1%. Upon reaching age 62, she will be entitled to a restoration of the reduced COLA, and the REDUX computation would be restored to that amount that would have been payable had she not taken the CSB. Future COLA's after that time will continue to be reduced by 1%. The complete DFAS-CL 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 3 February 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. 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 that the applicant has not been the victim of an error or injustice. Therefore, we find no 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 this application in Executive Session on 17 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00218 was considered: Exhibit A. DD Form 149, dated 7 January 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, DFAS/CL, dated 25 January 2013. Exhibit D. Letter, SAF/MRBR, dated 3 February 2013. 1 2