I hope the powers that be don't mind me resurrecting this 3 year old thread because it just became relevant to me. I retired 31 May and was surprised to see a $17k debt to the AF in my final active duty pay. Here's why I was surprised:
I'm looking at my original, signed ACP Agreement. According to it these are the conditions that would result in recouping ACP, word for word:
Originally Posted by USAF
a. Permanent disqualification from aviation service due to misconduct or willful neglect
b. Dismissal
c. Discharge for cause
d. Separation after declination for selective continuation
e. Voluntary retirement or separation prior to the completion of the ACP ADSC
f. Mandatory separation as directed by Title 10 U.S.C. statutory retirement requirements
6. Should my ACP entitlement stop for any reasons other than those set forth in paragraph 5, above, previous payments will not be recouped.
I was a passed-over major. In 2008 I accepted selective continuation to 20 and noticed a 31 May 2012 DOS was established for me in vMPF. In 2010 I was offered continuation until 24. I pondered it long and hard, using every day of the 60-day time period to decide. One of the factors was that the responsible officer at MPF told me very clearly my 31 May 2012 date was still a mandatory retirement and there would be no penalty for declining the additional continuation.
Surprise, surprise, I was given incorrect information by a government employee and now I am out $17k. They are saying my retirement was voluntary because I declined continuation until 24 and they are entitled to recoup. I think I might have a chance to fight it but don't know how to start to be honest. Any jailhouse lawyers out there want to add their 2 cents to what kind of chance I have?