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sburgess1961

Guest
What is the name of your state?CA
I vol. to return to active duty under the VREAD program the USAF was offering. As I read the information and letter of understanding it was clear that should the National Emergency end prior to my first 12 months of a possible 24 month point of active duty I would be allowed to serve 12 months and should it end after the 12 month point that month would become my DOS. There was nothing in the recruitment, during my service, or prior to returning to retired status mentioning anything about the re-computation law for retiree's with a previous entitlement to retirement pay. The USC I am referring to is USC 10, section 1402. This law clearly states that a member must complete 24 months of consecutive service to be entitled to the new pay table, as I was supposed to be entitled to "final pay". I want to hold the USAF accountable for failing to provide this critical information any time while I was on active duty. This information would have profoundly influenced my judgment as to whether I first wanted to chance not reaching the 24 month point and not receiving the new pay table and second my decision to request a curtailment of my orders 7 months out from the 24 month point. In dollars with a COLA increase of 2% annually and based over my life expectancy, this is about $159,000 I am going to lose. I want to sue the USAF for the lost money, fraud (failure to provide all required information) and intentional deception. I feel the USAF took advantage of my trust and goodwill that the company I have served for over 20 years would not lead me astray. I want to know what an attorney thinks about this?
Thanks
 


badapple40

Senior Member
Why don't you go ahead and petition the Air Force Board for the Corrections of Records for relief, and ask that they credit you for the additional 7 months of service, and, in so doing, indicate that you are willing to serve the additional 7 months. Attach copies of all of the memoranda issued, and state that your discharge request was procured based on a misunderstanding you had, which was the direct and proximate result of the assertions and representatives of the Air Force.

You could potentially make out a fraud case against the Air Force, but it'd be barred by the Feres doctrine, so the Air Force Board process is about the best way I can think of to proceeed.
 

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