RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00214

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:  

She be granted a recoupment waiver of her Voluntary Separation Pay (VSP) while receiving disability compensation through the Department of Veterans Affairs (VA).

APPLICANT CONTENDS THAT:

She applied for VSP under FY14 Force Management under the conditions the requirement to recoup VSP from disability compensation benefits was waived.  Upon receiving her first VA disability payment, she learned the Personnel Services Delivery Memorandum (PSDM) was erroneous and the referenced SecAF memorandum had been rescinded and she would have to pay back VSP prior to collecting her VA entitlements. She submitted a remission of indebtedness application, but the AF Review Board denied it.  The AF/A1 Deputy informed her of an advisory memo acknowledging the erroneous PSDM and recommended rectification via the Board for Correction of Military Records (BCMR).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was honorably “Released from Active Duty” for “Force Shaping – VSP” on 1 Jul 14 in the grade of captain and is currently serving in the Air Force Reserve in the grade of major.  On 3 Jun 16, the Air Force Review Board Agency (Remissions Board) denied the applicant’s request for waiver of repayment of VSP while receiving disability compensation through the Department of VA.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS:

AF/A1P recommends granting the application.  AF/A1P advisory opinion, dated 9 Nov 16, recommended the Air Force Remissions Board approve VSP recoupment waivers for members who received VA disability compensation and signed an IRR Agreement stating VSP recoupment would be waived.    AF/A1P provided an additional advisory opinion, dated 27 Nov 17, to address the applicant’s submission of both versions of the IRR agreement (a system-generated “correct” version and the erroneous PSDM version) with her VSP application and indicated they disagree with the Air Force Review Board Agency’s decision.  The applicant signed both agreements in an attempt to follow the process (signing the system-generated agreement that did not include the recoupment waiver) while also highlighting that she believed she was receiving VSP under the recoupment waiver provision (signing the agreement published in the PSDM, which at the time of her application and approval for separation, she could not have known was erroneous).

The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 Dec 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AF/A1P and finds that a preponderance of the evidence substantiates the applicant’s contentions. Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that On 1 Jul 14, pursuant to 10 USC 1175a(h).4., the Secretary of the Air Force 
waived the recoupment of the applicant's Voluntary Separation Pay (VSP) from any disability compensation.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00214 in Executive Session on 25 Apr 18:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AF/A1P, dated 9 Nov 16.
Exhibit D:	Advisory opinion, AF/A1P, dated 27 Nov 17. 
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Dec 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.