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AF | BCMR | CY1999 | 9803178
Original file (9803178.doc) Auto-classification: Approved

                            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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