DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

2 4  JUL 1998 

Office of the Assistant Secretary 

AFBCMR 97-02785 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 

of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

application was partially approved by competent authority in the amount of $78 1.25. 

rds of the Department of the Air Force relating t 
corrected to show that on 30 June 1994, he appl 
urred as a result of excess weight of household goods and his 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

6 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02785 
COUNSEL:  NONE 

HEARING DESIRED:  NO 24 JUL 1998 

APPLICANT REQUESTS THAT: 

The  remaining  balance  of  $1,308.74  debt,  resulting  from  an 
overweight shipment of his household goods  (HHG) at  the time of 
his retirement, be deleted.  The total debt was $1562.49. 

APPLICANT CONTENDS THAT: 
The movers underestimated the weight of his household goods and 
he  did  not  receive his  50  pounds  of  unaccompanied  baggage  for 
professional  books  and  papers.  Applicant  states that  it  took 
three years to notify him of  the debt and, since retirement, he 
is not financially able to pay. 

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  Force Office  of 
Primary Responsibility  (OPR) .  Accordingly, there is no need to 
recite these facts in this Record of Proceedings. 

AIR FORCE EVALUATION: 

The  Chief,  Claims  Branch,  Directorate  of  Debt  and  Claims 
Management, DFAS-DE/FYCC, states that  since  they  are  unable  to 
take action to administratively provide the relief sought, they 
contacted  the  Waivers  and  Remission  Branch  (DFAS-DE/FYCT) for 
their recommendation.  They were informed that had they received 
the applicant's remission request prior to his separation, they 
would have recommended remission of $781.25 and denial of $781.24 
based on guidelines set forth by the Office of  the Secretary of 
the Air Force.  Based on the evidence, they find there has been 
an error or injustice.  They recommend the applicant's records be 
corrected to show that the application for remission was received 

and  processed  prior  to  the  applicant's  separation and  partial 
remission was granted. 

A copy of the DFAS-DE/FYCC evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A copy of the Air Force evaluation was forwarded to the applicant 
on 19 January 1998 for review and response within 30 days.  As of 
this date, no response has been received by this office. 

THE BOARD CONCLUDES THAT: 

1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
2.  The application was timely filed. 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
warranting partial  relief.  It  appears that  had  applicant  been 
aware of the excess weight prior to his separation, he could have 
submitted  a  request  for  remission.  DFAS  states  that  had  the 
application  been  received  prior  to  his  retirement,  the 
recommendation would  have  been  for remission of  $781.25  of  the 
debt.  In view of  the  length of  time  it  took  the Air  Force  to 
notify the applicant of this debt and in an effort to remove any 
possibility of an injustice to the applicant, we agree with the 
DFAS recommendation.  Applicant's request for full remission of 
his  debt  is not  favorably considered  in view  of  the  fact  that 
only partial  remission would have been approved had  his request 
been submitted prior to his retirement.  Therefore, we recommend 
his records be corrected to the extent indicated below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 30 June 1994, 
he applied for a remission of  indebtedness incurred as a result 
of  excess  weight  of  his  household  goods  and  his  application 
received partial remission in the amount of $781.25 by competent 
authority. 

The following members of the Board considered this application in 
Executive  Session on 11 June  1998,  under  the provisions of  AFI 
36-2603: 

2 

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Robert W. Zook, Member 
Ms. Olga M. Crerar, Member 

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

Exhibit A.  DD Form 149,  dated 16 Sep 97,  w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, DFAS-DE/FYCC, dated 30 Dec 9 7 .  
Exhibit D.  Letter, AFBCMR, dated 19 Jan 98. 

c 

THOMAS S. MARKIEWICZ 
Panel Chair 

3 

-- 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

DENVER CENTER 

6760 E. IRVINGTON PLACE 
DENVER, COLORADO 80279 

DFAS-DE/FYCC 

MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ATTN:  AFBCMR 

SUBJECT:  Application for Correction of Military Records 

We examined the attached application for correction of 

count Number 
ction to 
we are forwarding it 

for your consideration. 

The applicant is requesting his military records be 

corrected to show his application for remission of a $1,562.49 
household goods debt was received and processed prior to his 
separation on July 1,  1994.  The applicant is asking for 
remission consideration for excess weight shipping costs incurred 
as a result of  exceeding the authorized weight allowance.  The 
applicant has filed a timely request. 

We contacted the Waivers and Remission Branch  (DFAS-DE/FYCT) 

They informed us that had they 

for their recommendation. 
received the applicant's remission request prior to his 
separation, they would have recommended remission of $781.25 and 
denial of  $781.24 based on guidelines set forth by the Office of 
the Secretary of the Air Force.  Based on the evidence before us, 
we find there has been an error or injustice. 
applicant's records be corrected to show that the application for 
remission was received and processed prior to the applicant's 
separation and remission of $781.25 was granted and $781.24 was 
denied. 

We recommend the 

t 

. I I  

Our address is DFAS-DE/FYCC, 6760 East Irvington Place, 
Denver, Colorado 80279-7100.  Our point of contact is Delynn 
Orlosky and she may be reached at DSN 926-4793, or commercial 
(303) 676-4793. 

Diana E. Settelmeyer 
Chief, Claims Branch 
Directorate of Debt and Claims 

Management