RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01998

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

Correction of her retirement monthly annuity payment.

APPLICANT’S CONTENTIONS

Her retirement annuity payment was incorrectly calculated.  She served over three years at the O-5 pay grade, from 15 Jul 03 to 31 Jul 06.  Her retirement pay was calculated based on a partial monthly salary of an O-5 rather than the entire monthly salary, which it should have been since she held the rank for over three years.  The “high three” salary would have been all at the pay grade of O-5 and should not have been pro-rated.

Her Retired Pay Department Summary of Retired Pay Account shows her monthly retired pay for 2020 based on $9,480.07, when in fact, the monthly pay of an O-5 in 2020 was $9,816.72.  The relief she is requesting is her monthly annuity be calculated based on the entire monthly pay of an O-5 for the current year.

So for 2021, her monthly annuity should be $2,020.22.  It is currently $1,896.00.  This error is worth $124 per month in 2021 and should be corrected.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5) receiving retired pay.

On 30 May 82, according to Reserve Order XXXX, dated 22 Jun 82, the applicant was appointed as a Reserve of the Air Force, in the grade of second lieutenant (O-1).

On 31 Jul 06, according to Reserve Order XXXX, dated 19 Jun 06, the applicant was relieved from current assignment, assigned to the Retired Reserve Section, and place on the United States Air Force (USAF) Reserve Retired List.

On 26 Oct 20, according to Reserve Order XXXX, dated 5 Aug 20, the applicant was authorized retired pay per Title 10, United States Code, Section 12731, and placed on the USAF Retired List.

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

AIR FORCE EVALUATION

DFAS-CL recommends denying the application.  For members entering military service on or after 8 Sep 80, the retired pay base is the average of the member’s highest 36 months of basic pay at retirement.  This is generally the last three years of service and is sometimes referred to as High-3.  Since the applicant entered the military after 8 Sep 80, the average of her highest 36 months’ work of active duty pay (known as the High-36 or High-3 base amount) is used.  In her case, use the High-36/High-3 base amount of $9,494.03.

The applicant is receiving reserve retired pay.  Her reserve retired pay is calculated using the formula and information received from the Department of the Air Force regarding her reserve retirement.  The applicant was provided a copy of the worksheet and informed if her retired pay was computed using incorrect data, the change must come from the branch of service.

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 8 Nov 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 DFAS-CL and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s retired annuity was calculated using the appropriate High-3 formula and the applicant’s service data.  Therefore, the Board recommends against correcting the applicant’s records.

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-2021-01998 in Executive Session on 1 Feb 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 10 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, DFAS-CL, w/atchs, dated 4 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Nov 21.

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.