RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00255 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be provided a waiver for his indebtedness to the Air Force as 
a result of being paid after he separated from active duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unaware that he was being paid by the Air Force after he 
separated from active duty. He did not receive a Leave and 
Earnings Statement (LES) or other mail after he separated from 
active duty, because he began working as a civil service employee 
for the Air Force Academy in Colorado, and was separated from his 
wife and kids. He did not have access to bank statements, bills 
or mail that his wife was receiving in Arizona. He took a job 
overseas for the next three years and only learned of his 
indebtedness to the Air Force when he and his wife applied for a 
Department of Veterans Affairs (DVA) home loan. His financial 
situation precludes him from being able to pay the debt to the 
Air Force. 

 

In support of the appeal, the applicant provides a personal 
statement, and several bank statements. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 21 May 97, for 
a period of four years. On 20 May 01, he was honorably released 
from active duty for completion of required active service. He 
completed a total of four years of active service. 

 


It appears the applicant was recalled to active duty and was 
released after his deployment on 30 Nov 02. He continued to 
receive bi-monthly payments of basic pay and allowances until 
31 May 03, followed by a lump sum leave (LSL) entitlement in Oct 
03. He was only entitled to $1,209.06, upon his separation on 
30 Nov 02. He received payments issued beyond 30 Nov 02, that 
totaled $19,339.13, and created a debt of $18,130.07. 

 

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AIR FORCE EVALUATION: 

 

DFAS-IN recommends denial. DFAS/IN states the applicant 
separated from the Air Force on 20 Nov 02 after his deployment. 
Payments for basic pay and allowances were issued on a bi-monthly 
basis until 31 May 03, followed by a LSL entitlement in Oct 03. 

 

DFAS-IN states that as of May 01, all LESs for pay and allowances 
are available via internet access through the My Pay System. 
This system maintains LESs for the current month and 11 prior 
months. When the applicant was released from deployment at the 
end of Nov 02, a final payment for LSL should have been expected 
and the LES informing him of the payment. Non-receipt of a LES 
is not an acceptable response. Furthermore, the applicant did 
file a waiver request for this overpayment and his waiver request 
was denied. 

 

The complete DFAS/IN evaluation, with attachments, is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the DFAS evaluation was forwarded to the applicant on 
29 Jan 10, for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After a 
thorough review of his submission and the available evidence of 
record, we are not persuaded the requested relief should be 
granted. We took notice of the complete submission in judging 
the merits of the case; however, we agree with the opinion and 
recommendation of the Defense Finance and Accounting Service and 
adopt the rationale expressed as the basis for our conclusion the 


applicant has not been the victim of an error or an injustice. 
In view of the above and in the absence of persuasive evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2009-00255 in Executive Session on 13 May 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Jan 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, DFAS-IN, undated. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Jan 10. 

 

 

 

 

 

 Panel Chair