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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