AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUL  2 7  1998 

IN THE MATTER OF: 

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DOCKET NUMBER:  98-00529 
COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REOUESTS THAT: 

He be paid one month’s basic pay like other Fiery Vigil evacuees. 

APPLICANT CONTENDS THAT: 

evacuee, his advanced pay  should be  forgiven. 
As a 
Many 
took an advance later received a waiver of one 
month’s basic pay and did not have to repay the advance. This did 
not  happen  to  him.  He  was  first  told  his  request  for  a  debt 
waiver  was  approved;  in  actuality,  he  is  repaying  the  debt 
because he happened to take the advance too late. 

Applicant’s complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

Following the  eruption of 
in June  1991, many  Air 
Force  members  assigned  to 
ase  suffered  extensive 
financial and material losses 
mbers were offered advanced pay 
to  help  defray  the  cost  of  reconstituting  their  homes  and 
belongings.  Many members took advantage of the advanced pay with 
the understanding that they would have to repay the advance as a 
normal debt. 

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. 

Subsequently, the  Secretary of  the Air  Force approved  a waiver 
equal-to one month’s basic-pay fo 
Air  F  e members e 

and  from 
This meant  that  th 
have to repay one month’s pay. To qualify for the waiver, members 
had to receive the advance pay within a specific time frame. 

panied and unacco 
Air Base because 
se  of  Hurricane 
taking  the  advanced pay 

.. 

DFAS-DE/FYCC EVALUATION: 

AFB  from  2 

The  Chief,  Claims  Branch,  DFAS-DE/FYCC,  evaluated  this 
'cation and  confirms  that  the  applicant  was  stationed  at 
ril  1990  through  29  November  1991.  The 
B occurred on 10 June 1991.  To qualify 
'cant had  to have  received his  advance 
between  1 June  and  31 December  1991;  however, he  received  his 
advance on 4 February 1992.  They recommend denial. 
A complete copy of the evaluation is at Exhibit B. 

[The ChieE, Claims Branch, DFAS-DE/FYCC, informally advised the 
AFBCMR Staff on. 1 July 1998 that applicant's base pay during the 
relevant period was $2,643.00.1 

APPLICANT'S REVIEW OF DFAS-DE/FYCC EVALUATION: 

Applicant  reviewed  the  evaluation  and  provided  a  response, 
indicating that he has repeatedly tried to rectify this problem 
through DFAS. He should not be penalized because he was able to 
"hold out" for an additional 35 days before taking the advance. 
Applicant's rebuttal is at exhibit D. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

he existence of probably 
any members  assigned  to 
devastation  received  a 

2.  The application was timely filed. 
3 .   Sufficient  relevant  evidence  has  been  presented  to 
or injustice.  We are 
Air  Base  during  the 
d  pay  and  that  the 
Force subsequently waived the repayment of 
.  The applicant suffered the same hardships 
evacuees and this Board has granted relief 
to  other  applicants  who  applied  for  an  advance  outside  the 
allowable window. Therefore, based  on equity, an  injustice has 
occurred and we are persuaded to grant one month's basic pay to 
this applicant. 

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 1991, 

2 

98-00529 

I .  

he applied for and was authorized one month's advanced pay in the 
amount of $2,643.00 by competent authority. 

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

Mr. Charles E. Bennett, Panel Chair 
Mr. Douglas J. Heady, Member 
Mr. Benedict A. Kausal IV, Member 

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

The 

Exhibit A.  DD Form 
Exhibit B.  Letter, 
Exhibit C.  Letter, 
Exhibit D.  Letter, 

149, dated 27 Jan 98, w/atchs. 
DFAS-DE/FYCC, dated 6 Apr 98. 
AFBCMR, dated 20 Apr 98. 
Applisant, dated 28 Apr 98. 

\ CHARLES E. BENNETT 

Panel Chair 

3 

98-00529 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

DENVER CENTER 

6760 E.  IRVINGTQN PLACE 
DENVER, COLORADO 80279 

DFAS-DE/FYCC 

RPR- 

6  1998 

MEMORANDUM  FOR  A I R   FORCE BOARD  FOR  CORRECTION O F   MILITARY RECORDS 

ATTN:  AFBCMR 

SUBJECT:  Application for Correction of Military Records 

We examined the application for correction of military 

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

st is in connection with the 
that erupted 10 June 1991. 

volcano 

requesting waiver of the balance of an advance pay and a refund 
'of the collected portion of the advance for a total of $2,254. 
His waiver was denied because it did not meet the criteria for 
the waiver. 

The applicant was stationed &t -Air 

Base 

during the period April 23, 1990, through November 29, 1991. The 
applicant was sent temporary duty (TDY), safe haven, June 30, 
through November 29, 1991. The member received the advance on 
February 4, 1992.  The application has not filed a timely 
request. 

The criteria used in determining eligibility for waiver of 
the advance pay is the member had to have been stationed in the 
area during the June time frame, and he had to have received an 
advance between June 1 and December 31, 1991. 

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9800529 

We recommend denial of the application.  Should the Board 
choose to approve the request, the applicant's records can be 
corrected to show that the applicant received the advance pay 
prior to December 31, 1991. 

Our address is DFAS-DE/FYCC, 6760 East Irvingto 
Denver, Colorado 80279-7100.  Our point of contact i 
and she may be reached at DSN  926-4868, or c 

(303) 676-4868. 
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LJb-6 

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

Management 

9800529 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUL  2 7  l9% 

Office of the Assistant Secretary 

AFBCMR 98-00529 

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: 

I -  

ilitary records of the Department of the Air Force relating t- 
e corrected to show that, on 30 June 1991, he applied for and was 
's advanced pay in the amount of $2,643.00 by competent authority. 

Director 
Air Force Review Boards Agency