RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03169 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Special Separation Benefit (SSB) recoupment of $37,186.64 be waived. ________________________________________________________________ APPLICANT CONTENDS THAT: He separated from the Air Force on 1 October 1993. He retired on 1 October 2007. He received a letter from the Defense Finance and Accounting Service (DFAS) on 19 July 2010 explaining that as a result of his previous separation from active duty, the previously paid SSB would be recouped from his retirement pay. However, at the time of his retirement, the recoupment law had not been passed. The entire amount of the debt was $75,000. They have already taken $37,186.64. He is currently unemployed and has requested waivers from different departments. In support of his appeal, the applicant submits a personal statement, DFAS notification and documentation from his master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant separated from the regular Air Force in the grade of master sergeant on 1 October 1993. His narrative reason for separation was listed as Early Release Program – Special Separation Benefit and he received $75,600.10 in separation pay. On 30 September 2007, he was transferred to the Reserve Retired List effective 1 October 2007; eligible for retired pay at age 60. ________________________________________________________________ AIR FORCE EVALUATION: DFAS recommends denial. The applicant received separation pay from the Air Force in the amount of $75,501.36. His outstanding balance is $33,230.96. In accordance with Title 10 U.S.C. Section 1174(h), all members who receive separation pay and later become eligible for retired pay shall have an amount deducted from their monthly pay until the gross amount of separation pay is recovered. The Department of Defense (DoD) conducted a formal review of the recoupment program. The DoD review is complete and Sections 1174(h) and 1175(e) of Title 10 U.S.C. have been amended to help limit the financial strain on military retirees as they repay their outstanding balances. As a result, the maximum recoupment rate has been reduced from 90 percent to 40 percent. Currently, $1145.60 is being deducted per month. If the applicant would like a more lenient payment, he may submit that request directly to DFAS. According to law, the SSB or Voluntary Separation Incentive Payment cannot be waived. This is not a debt; it is a recoupment and cannot be waived. The complete DFAS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 January 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that a change in the record is warranted. Other than his own assertions, there is no evidence submitted to substantiate that he is a victim of an error or injustice. Therefore, we agree with the opinion and recommendation of the DFAS and adopt their rationale as the basis for our conclusion and find that by law, we cannot waive the recoupment of the Special Separation Benefit. Additionally, as noted by DFAS, if the applicant wishes to request a more lenient payment plan, he must submit that request directly to DFAS. Accordingly, we find no basis to recommend granting the relief requested. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2013-03169 in Executive Session on 1 April 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jun 13, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, DFAS, 20 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14. 1