RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02691

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be reimbursed the $30,000 separation pay plus interest recouped from him by the Department of Veterans Affairs (DVA).

APPLICANT CONTENDS THAT:

He received $30,000.00 separation pay for being involuntarily discharged.  However, he only received $24,000.00 because $6,000.00 was deducted for taxes.  His separation pay was erroneously recouped by the DVA after he had been approved for disability compensation.  He was told that due to the laws governing the DVA his separation pay had to be recouped from his disability compensation, and for an officer discharged before 30 Sep 96, the recoupment would be on the pre-tax amount received.  He was also told that the Secretary of the Air Force could direct the reimbursement of his separation pay.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 28 Oct 81, the applicant was honorably discharged from the Air Force under AFR 36-12, Administrative Separation of Commissioned Officers and Warrant Officers of the Air Force (Twice Non-Select for Temp Promotion).  He was credited with 12 years, 2 months, and 5 days of active duty service.  

On 1 May 97, the applicant began receiving disability compensation for his service connected medical issues.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application, noting there is no evidence of an error or injustice.  DP2STM further noted the applicant may have an option to seek relief through the waiver or remission.  DP2STM is not aware of any authority of the Secretary to direct reimbursement of funds in the case at hand.  

The applicant was discharged after twice not being selected for promotion.  However, because of his involuntary release combined with his years of service, the applicant was eligible to receive separation pay.  Several years after discharge, the applicant became eligible to receive DVA disability compensation.  However, upon receipt of this compensation, the DVA began the process of making pay adjustments based on the amount of separation pay the applicant received at separation  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 Mar 18 for comment (Exhibit D), and the applicant replied on 10 Apr 18.  In his response, he again states was awarded $30,000 in separation pay, but only received $24,000.  The applicant’s complete response is at Exhibit E  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant did exhaust 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 not the victim of an error or injustice.  The Board concurs with the recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s separation pay was recouped at the amount awarded and not the amount received after taxes in accordance with the governing laws and procedures.  Furthermore, there is not an option for a remission waiver.  A remission is the cancellation of a debt incurred on active duty either erroneously or by overpayment.  In regards to the applicant’s request for his military pay records, the AFBCMR is not the custodian of military pay records and suggests he contact the National Personnel Records Center.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-02691 in Executive Session on 6 Sep 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 16 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Mar 18.
Exhibit E:	Letter, Applicant, dated 10 Apr 18.

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