DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-0332 1 

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 1 16), it is directed that: 

y records of the Department of the Air Force relating to-, 
be corrected to show that she applied for remission of indebtedness 

incurred as a result of government property lost or destroyed (GPLD), Report of Survey #97-96, 

and her application was approved in the amount of $286.09 by competent authority. &&e 

Director 

v  Air Force Review Boards Agency 

I 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

NOv2 3 7998 

IN THE MATTER OF: 

DOCKET NUMBER:  9 7 - 0 3 3 2 1  
COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

She receive a waiver of  her government property lost or damaged 
(GPLD) indebtedness of $ 2 8 6 . 0 9 .  

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. 

Applicant's submission is attached 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  Force, Office  of 
Primary  Responsibility 
(OPR)  and  applicant's  statement. 
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 they contacted the Waivers 
and Remission Branch  (DFAS-DE/FYCT) for their recommendation and 
were  informed  that  a  waiver  request  would  be  returned  without 
action.  Public  Law  9 2 - 4 5 2   authorizes  the  waiver  of  erroneous 
payments  of pay  and allowances to military members  or civilian 
employees. 
The  applicant  is  being  charged  with  government 
property  lost  or damaged  (GPLD), which  is not  a payment  of  pay 
and allowances; therefore, the debt  is not  an erroneous payment 
subject to waiver under this Public Law. 

A copy of the Air Force evaluation is attached at Exhibit B. 

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  remission of  the  applicant's indebtedness.  We  note 
that Defense Finance and Accounting Service, DFAS-DE/FYCC, states 
that  the  applicant  is  requesting a  waiver  of  her  indebtedness 
and,  according  to  the  Waivers  and  Remission  Branch  (DFAS- 
DE/FYCT),  that  applicant's waiver  request  would  be  returned 
They  stated  that  Public  Law  92-452  only 
without  act ion. 
authorizes  the  waiver  of  erroneous  payments  of  pay  and 
allowances.  The  applicant states that  she was  assigned to  the 
438th Medical  Group  at  McGuire  Air  Force  Base,  New  Jersey  and 
when  the  clinic was  closed at  McGuire, she was moved  to Walson 
Army Hospital, Fort Dix, New Jersey.  Once there, she was tasked 
to perform medical training for personnel from the three military 
services.  She was able to use audio visual equipment located at 
Fort  Dix  to  complete  her  training  duties  and  subsequently 
returned the equipment prior to her permanent  change of  station 
(PCS) move.  A  year  later  she  was  informed  that  some  of  the 
equipment was missing and a report of survey was initiated.  The 
applicant  took  it  upon  herself  to  return  to  Fort  Dix  and 
physically search for the missing equipment where she found most 
of  the  equipment.  It  appears  that  tracking  the  equipment  was 
confusing  due  to  wrong  equipment  codes and  numbers  and  by  not 
being  properly  researched  or  listed on  the property  book.  We 
believe the applicant did make every effort to return the proper 
equipment.  There are  numerous  supporting  statements to verify 
her good faith efforts and we believe it would be  unfair and an 
injustice  to  the  applicant  for  her  to  be  held  totally 
responsible.  While we note that applicant's request for a waiver 
of  indebtedness does not  constitute an erroneous payment of  pay 
and  allowances,  we  believe  a  remission  action  would  be  more 
appropriate and recommend the applicant's 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 she applied for 
remission  of  indebtedness  incurred  as  a  result  of  government 
property lost  or destroyed  (GPLD), Report of  Survey #97-96, and 
her  application  was  approved  in  the  amount  of  $286.09  by 
competent authority. 

The following members of the Board considered this application in 
Executive Session on 17 September 1998, under the provisions of 
AFI 36-2603: 

Ms. Martha Maust, Panel Chair 
Mr. Loren S. Perlstein, Member 
Ms. Ann L. Heidig, Member 

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

Exhibit A.  DD Form 149, dated 28 Oct 97, w/atchs. 
Exhibit B.  Letter, DFAS-DE/FYCC, dated 31 Dec 97. 
Exhibit C.  Letter, AFBCMR, dated 19 Jan 98. 

MARTHA MAUST/ 
Panel Chair 

3 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

DENVER CENTfR 

6760 E. IRVINGTON PLACE 
DENVER, COLORADO 80279 

DFAS-DE/FYC!C 

DEC  3  I  N97 

MEMORANDUM FOR AIR FORCE BOARD  FOR  CORRECTION  OF MILITARY RECORDS 

ATTN:  AFBCMR 

- 

SUBJECT:  Application f o r   Correction of Military Records 

.  _ _  

-  .  __ - 

. . 

We examined the attached application for correction of 

military records for 

-  Since we 

.&i -- = 

Account Number 

to 

administratively provide the relief sought, we are forwarding it 
for your consideration. 

The applicant is requesting a waiver of her government 

property lost or damaged  (GPLD), indebtedness of $286.09. 

We contacted the Waivers and Remission Branch (DFAS-DE/FYCT) 
They informed us that a waiver request 

for their recommendation. 
would  be returned without action. 
the waiver of erroneous payments of pay and allowances to 
military members or civilian employees. 
charged with a GPLD,  which is not a payment of pay and 
allowances; therefore, the debt is not an erroneous payment 
subject to waiver under this Public Law. 

Public Law 92-452 authorizes 

The applicant is being 

We are forwarding this application for correction of 

military records without any recommendation. 
this office will be determined by the Board's  decision on the 
applicant's  request 

Any  action taken by