RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01129
		
			COUNSEL:  NONE
	
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His Air Force retirement pay be stopped.


APPLICANT CONTENDS THAT:

He has recently become a citizen of Norway and that status does not permit him to receive a retirement pension from the United States Air Force.  Retirement pay should be stopped as of September 2014.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 December 1951 and subsequently retired on 31 December 1971. 

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


AIR FORCE EVALUATION:

DFAS-CL does not make a recommendation and states that they have suspended the applicant’s military retired pay account with an effective date of 1 May 2014, and he will not receive further payments.  Once they receive a translated copy of the proof of his Norwegian citizenship and relinquishment of his U.S. citizen they will adjust his account accordingly.  

A complete copy of the DFAS-CL evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 September 2014, for review and comment within 30 days (Exhibit C).  To date, a response has not 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 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.  We took careful notice of the applicant’s complete submission and do not find that it supports a determination that the applicant was a victim of an error or injustice.  We note the Air Force office of primary responsibility (OPR) affirms that there is an administrative process in place to provide relief to the applicant upon his submission of a translated copy of the proof of his Norwegian citizenship and relinquishment of his U.S. citizenship.  Consequently, we agree with the opinion and recommendation of the OPR and adopt the rationale expressed as the basis for our determination that the applicant has not been the victim of an error or injustice.  In view of this determination, there exists no basis upon which to favorably consider the applicant's request.


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 AFBCMR Docket Number BC-2014-01129 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01129 was considered:

	Exhibit A.  DD Form 149, dated 12 Mar 2014, w/atchs.
	Exhibit B.  Memorandum, DFAS-CL, dated 2 May 2014.
	Exhibit C.  Letter, SAF/MRBR, dated 22 Sep 2014.