RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02338

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Recoupment of his Special Separation Benefit (SSB) from his 
military retired pay account be waived.


APPLICANT CONTENDS THAT:

The separation pay he received was due to service team inaction 
and he only used it for a year.  Defense Finance and Accounting 
Service (DFAS) now says he must pay it back after 25 years.  
This will create a hardship because seven months ago he lost his 
job and is now on a fixed income due to early retirement.

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


STATEMENT OF FACTS:

On 1 Sep 76, the applicant entered the Air Force Reserves.

According to his DD Form 214, Certificate of Release or 
Discharge from Active Duty, issued in conjunction with his 30 
Apr 88 separation, his separation net pay was $24,000.00.

On 29 Mar 04, the applicant was honorably separated from the 
Alabama Air National Guard and transferred to the Air Force 
Reserve Retired List, effective 30 Mar 04.  

On 25 Jan 12, the applicant was retired from the Air Force 
Reserves.  He was credited 37 years, 2 months and 26 days 
service for basic pay.


AIR FORCE EVALUATION:

DFAS-CL recommends denial of the applicant’s request to have 
recoupment of his SSB from his military retired pay waived.  In 
accordance with Title 10 U.S.C. Section 1175(e)(3)(A), he 
received SSB in the gross amount of $30,000.00 and later became 
eligible for retired pay; therefore, he shall have an amount 
deducted from his monthly military retired pay until the gross 
amount of separation pay is recovered.  In addition, the monthly 
amount of recoupment reduces his monthly taxable income and is a 
tax benefit for the applicant.

For reasons of financial hardship, the recoupment rate could be 
reduced to 10% of his gross retirement pay.  Effective 1 Jan 15, 
his recoupment would be $263.30 with a remaining balance of 
$27,656.70.    

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 4 May 15 for review and comment within 30 days 
(Exhibit D).  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.  Insufficient 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; 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 the 
applicant has not been the victim of an error of injustice.  
While we acknowledge the applicant’s request to waive the 
recoupment of the SSB, we do not believe he has demonstrated 
evidence of an injustice.  Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting the 
requested relief. 


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02338 was considered:

	Exhibit A.  DD Form 149, dated 4 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, DFAS-CL, dated 26 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 4 May 15.