RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02713

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her separation orders and DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she was authorized severance pay for her narrative reason for separation of disability, severance pay (DWSP), and she receive back payments warranted for her DWSP.  

APPLICANT’S CONTENTIONS

Her discharge paperwork (separation orders, DD Form 214) was not done properly, preventing her from receiving severance pay for her disability DWSP.  She was not aware her discharge paperwork was incorrect, until recently when she called the Department of Veteran Affairs (DVA) about her disability pay, and was told she should have received severance pay.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

The applicant entered the Regular Air Force on 12 Jul 05.  

On 16 Dec 05, according to documentation submitted by the applicant, an Informal Physical Evaluation Board (IPEB) found the applicant’s medical condition, Right Ankle Pain with Talar Dome Fracture and Anterior Tibiofibular Ligament Strain/Tear prevents her from reasonably performing the duties of her office, grade, rank, or rating.  The IPEB recommended she be discharged with severance pay with a disability rating of 10 percent in accordance with Department of Defense and the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines.  

On 19 Dec 05, the Secretary of the Air Force directed the applicant be separated from active service for physical disability under provisions of 10 USC, Section 1203, with severance pay computed under 10 USC, Section 1212.

On 22 Dec 05, the applicant received an Entry-Level Separation, Uncharacterized character of service, Separation Code of JFL (Discharge: Disability, Severance Pay), having served 5 months and 11 days of active service.   

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

AIR FORCE EVALUATION

AFPC/DPFDD provides their advisory for information only, deferring to AFPC Separations to determine if the separations order and DD Form 214 were prepared correctly.  After reviewing the documentation submitted by the applicant, and her personnel records, they confirm she was disability DWSP, effective 22 Dec 05.  On 16 Dec 05 an Informal Physical Evaluation Board (IPEB) found the applicant unfit, recommending she be discharged with severance pay with a disability rating of 10 percent.  A disability DWSP notification message correctly directed use of Separation Program Designator Code (SPD) “JFL (Discharge: Disability, Severance Pay)” which was the SPD code in effect at the time.  However, the message incorrectly lists the applicant’s creditable service computed under 10 USC 1208, Computation of Service, as 00 years, 06 months, and 11 days, instead of 00 years, 05 months, and 11 days as listed on her service dates Personal Data RIP and her DD Form 214, Block 12c, Net Active Service this Period.   This information is also normally included in Block 21b – Entitled To Severance/Separation Pay, of the separation order as the basis for the severance payment.  The applicant’s separation order, dated 21 Dec 05, Block 21b is blank.   

Under current disability rules, service members with a noncombat related disability who have less than 3 years or 36 months of creditable service under 10 USC 1208 receive disability severance pay based on a minimum of 36 months due to an amendment to 10 USC 1212, Disability Severance Pay, which was authorized by the FY08 National Defense Authorization Act.  However, when the applicant separated in Dec 05 per DoD Financial Management Regulation, Section D – Disability Severance Pay, paragraph 40433 – Computation, item b. Years of Service: If a member has less than 6 months combined service, there is no disability severance pay entitlement.  

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application.  The applicant entered active duty on 12 Jul 05, and was discharged 22 Dec 05, resulting in 5 months  and 11 days of Net Active Service as indicated in block 12c of her DD Form 214.  Based on DoD Financial Management Regulation guidance in effect at the time of the applicant’s discharge, provided by AFPC/DPFDD, the applicant is not entitled to disability severance pay, as her Net Active Service time is less than six months.  Also, since the applicant had less than 180 days of Total Active Federal Military Service, she received an entry-level separation with uncharacterized service characterization. There is no error or injustice with the applicant’s discharge processing, separation orders or her DD Form 214.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Jan 22 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes AFPC/DPFDD’s Memorandum w/attachments, dated 1 Dec 21, bringing to the Board’s attention a Disability DWSP notification message directing the applicant be discharged with a 10 percent disability rating, however, the message incorrectly listed the applicant’s creditable service computed under 10 USC 1208, Computation of service, as 00 years, 06 months, and 11 days, instead of 00 years, 05 months, and 11 days as listed on her service dates Personal Data RIP  and her DD Form 214, Block 12c.  In accordance with the DoD Financial Management Regulation in effect at the time of the applicant’s discharge, if a member of the Regular forces has less than six months active service (inactive duty performed under 10 USC 270, not included in computation calculation), there is no disability severance pay entitlement. Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-02713-1 in Executive Session on 21 Mar 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DPFDD w/atchs, dated 1 Dec 21.
Exhibit D:	Advisory Opinion, AFPC/DP2SSR, dated 28 Jan22
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 28 Jan 22.

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