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AF | BCMR | CY1999 | 9802778
Original file (9802778.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  98-02778
                                        INDEX CODE 128.18
                                        COUNSEL:  None

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a remission of debt [$1,281.79] incurred for  the  shipment
of his household goods (HHG).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons applicant believes he has been  the  victim  of  an  error
and/or an injustice are contained in his complete submission, which is
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.

_________________________________________________________________

DFAS-DE EVALUATION:

The Chief, Claims Branch, DFAS-DE/FYCC, reviewed the  application  and
states that they contacted the Waivers  and  Remission  Branch  (DFAS-
DE/FYCT) for their recommendation and were  informed  that,  had  they
received the applicant’s remission application prior to his separation
on 9 August 1996, they would have recommended remission of $528.75 and
denial of $753.04 based on guidelines set forth by the Office  of  the
Secretary of the Air Force.

A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF DFAS-DE EVALUATION:

A complete copy  of  the  DFAS-DE  evaluation  was  forwarded  to  the
applicant on 18 January 1999, for review  and  comment.   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 a
portion of the applicant’s  indebtedness.  It  appears  that  had  the
applicant been advised of his excess weight prior to  his  separation,
he could have submitted a request for remission.  DFAS-DE states  that
had the remission application been received prior to  his  separation,
the recommendation would have been for remission  of  $528.75  of  the
debt.  In an effort to remove any possibility of an injustice  to  the
applicant,  we  agree  with  the  DFAS-DE  recommendation.    However,
applicant’s request for remission of the entire debt is not  favorably
considered in view of the fact that only partial remission would  have
been approved had an application been submitted prior  to  separation.
In view of the foregoing, 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 8 August  1996  he
applied for remission of indebtedness incurred as a result  of  excess
weight of household goods and his  application  was  approved  in  the
amount of $528.75 by competent authority.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 April 1999, under the provisions  of  AFI  36-
2603:

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Ms. Olga M. Crerar, Member
                  Ms. Dorothy P. Loeb, Member

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

   Exhibit A.  DD Form 149, dated 22 Sep 98, w/atchs.
   Exhibit B.  Letter, DFAS-DE/FYCC, dated 24 Dec 98.
   Exhibit C.  Letter, AFBCMR, dated 18 Jan 99.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair




AFBCMR 98-02778




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:

      The pertinent military records of the Department of the Air
Force relating to    , be corrected to show that on 8 August 1996 he
applied for remission of indebtedness incurred as a result of excess
weight of household goods and his application was approved in the
amount of $528.75 by competent authority.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards
Agency

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