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AF | BCMR | CY1998 | 9102679
Original file (9102679.pdf) Auto-classification: Approved
e--- 

** 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  94-02679 

8. /3 

COUNSEL:  None 
HEARING DESIRED:  No 

JAN  3  1  1995 

APPLICANT REOUESTS THAT : 

His records be  corrected to  show that a waiver  for advance pay 
was approved as a result of Operation Fiery Vigil. 

APPLICANT CONTENDS THAT : 

The reasons the applicant believes the records to be in error or 
unjust and the evidence submitted in support of the appeal are at 
Exhibit A. 

STATEMENT OF FACTS: 

The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in  the  letter 
prepared  by  the  appropriate  office  of  the  Air  Staff. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

A I R   STAFF EVALUATION: 
DFAS-DE/FYDEC reviewed this  application and  recommended denial. 
A complete copy of the evaluation is at Exhibit B. 

THE  BOARD CONCLUDES THAT: 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 

2.  The application was timely filed. 

4 

r 

Sufficient  relevant  evidence  has  been  presented  to 
3 .  
demonstrate the existence of probable injustice.  After thorough 
evaluation  of  the  application  submitted,  we  find  that  the 
applicant  was affected financially by  the volcanic eruption in 
the  Philippines  and  took  substantial  losses  in  relocating  his 
dependents.  It  is true that  he  did not  file for waiver of  the 
advance  pay  within  the  time  frame  of  10 May  1991  through 
31 December  1991;  however,  to  offset  any  injustice  to  the 
applicant, we believe that he should be entitled to the waiver of 
repayment of  one month's advance pay.  Therefore, we  recommend 
that his records be corrected as indicated herein. 

THE BOARD RECOMMENDS THAT: 

of the Department of the Air Force 
The pertinent 
,  be  corrected  to  show  that  he 
relating  to 
applied f o r   advance pay on 10 June 1991 and received a waiver of 
the  advance pay up  to one month  of  basic  pay  as authorized by 
Section 1006(c), Title 37, United States Code. 

The following members of  the Board considered this application in 
Executive Session under the provisions of AFR 31-3: 

Beverly J. Hooper, Panel Chairman 
John H. Lynskey, Member 
David W. Mulgrew, Member 

All  members voted  to correct the  records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dtd 10 Jun 94, w/atchs. 
Exhibit B.  Letter, DFAS-DE/FYDEC, dtd 1 Aug 94. 

Panel khairman 



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