RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03178
INDEX CODE 128.14
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid one month’s basic pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As a Hurricane Andrew evacuee, he did not avail himself of the
opportunity to take advance pay. Some did, some did not. Those who
took an advance, received a waiver of one month’s basic pay and did
not have to repay the advance. Those who did not take an advance pay,
although they suffered the same hurricane hardships, did not get the
extra money.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Following Hurricane Andrew in August 1992, many Air Force members
assigned to Homestead AFB suffered extensive financial and material
losses. Members were offered advance pay to help defray the cost of
reconstituting their homes and belongings. Many members took
advantage of the advance pay with the understanding that they would
have to repay the advance as a normal debt. This understanding caused
other members to rethink the wisdom of taking an advance pay because
they were concerned that they would not be able to support themselves
and/or their families on reduced (partial) pay until the advance had
been repaid.
Subsequently, the Secretary of the Air Force approved a waiver equal
to one month’s basic pay for accompanied and unaccompanied Air Force
members evacuated from Homestead AFB, following Hurricane Andrew.
This meant that those members taking the advance pay did not have to
repay one month’s pay.
____________________________________________________________
DFAS-DE/FYCC EVALUATION:
The Chief, Claims Branch, DFAS-DE/FYCC, evaluated this application and
confirms that the applicant did not receive an advance pay, that he
was evacuated from Homestead on 18 August 1992 and that his basic pay
at that time was $1,430.10 per month. They recommend denial since no
advance was taken.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT’S REVIEW OF DFAS EVALUATION:
The applicant reviewed the evaluation and asserts his situation is no
different than others who have received one month’s basic pay due to
losses suffered from Hurricane Andrew.
Applicant’s complete response is attached at Exhibit D.
_________________________________________________________________
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 probably error or injustice. We are aware that many
members assigned to Homestead Air Force Base during the Hurricane
Andrew devastation received advance pay and that the Secretary of the
Air Force subsequently waived the repayment of one month’s basic pay.
The applicant suffered the same hardships as other Hurricane Andrew
evacuees and, based on equity, an injustice has occurred because he
did not receive advance pay. Accordingly, we are persuaded to grant
one month’s basic pay to the 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 18 August 1992, he
applied for and was authorized one month’s advanced pay in the amount
of $1,430.10 by competent authority.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 11 June 1999 under the provisions of AFI 36-2603:
Mr. Douglas J. Heady, Panel Chair
Mr. Charles E. Bennett, Member
Mr. Benedict A. Kausal IV, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Nov 98, w/atch.
Exhibit B. Letter, DFAS-DE/FYCC, dated 16 Dec 98.
Exhibit C. Letter, AFBCMR, dated 4 Jan 99.
Exhibit D. Letter, Applicant, dated 28 Jan 99.
DOUGLAS J. HEADY
Panel Chair
AFBCMR 98-03178
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 18 August 1992, he
applied for and was authorized one month’s advanced pay in the amount
of $1,430.10 by competent authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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