Search Decisions

Decision Text

AF | BCMR | CY1999 | 9803460
Original file (9803460.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  98-03460
                                        INDEX CODE 128.10
                                        COUNSEL:  None

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a remission of debt ($636.65) incurred for the shipment  of
his household goods.
_________________________________________________________________

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 Defense  Finance  &  Accounting  Service
(DFAS).  Accordingly, there is no need to recite these facts  in  this
Record of Proceedings.

_________________________________________________________________

DFAS 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  the
applicant’s  remission  application  been  received   prior   to   his
separation, they would  have  recommended  remission  of  $316.65  and
denial of $320.00 based on guidelines set forth by the Office  of  the
Secretary of the Air Force.

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

APPLICANT'S REVIEW OF DFAS EVALUATION:

A complete copy of the DFAS evaluation was forwarded to the  applicant
on 8 March 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  $316.65  of  the
debt.  In an effort to remove any possibility of an injustice  to  the
applicant, we  agree  with  the  DFAS-DE  recommendation.  Applicant’s
request for remission of the entire debt is duly noted.   However,  in
the absence of substantive evidence to show that the collection of the
remaining  portion  of  the  debt  is  unduly  harsh  or  contrary  to
prevailing directives, we find no compelling basis upon which to grant
remission of the entire debt.
_________________________________________________________________

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 March  1997  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 $316.65 by competent authority.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 June 1999, under the provisions of AFI 36-2603:

                  Ms. Martha Maust, Panel Chair
                  Ms. Barbara J. White-Olson, Member
                  Mr. Clarence D. Long II, Member

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

   Exhibit A.  DD Form 149, dated 28 Nov 98, w/atchs.
   Exhibit B.  Letter, DFAS-DE/FYCC, dated 18 Feb 99.
   Exhibit C.  Letter, AFBCMR, dated 8 Mar 99.




                                   MARTHA MAUST
                                   Panel Chair




AFBCMR 98-03460




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 30
March 1997 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 $316.65 by competent authority.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards
Agency

Similar Decisions

  • AF | BCMR | CY1999 | 9802778

    Original file (9802778.doc) Auto-classification: Approved

    _________________________________________________________________ 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...

  • AF | BCMR | CY1998 | 9702785

    Original file (9702785.pdf) Auto-classification: Approved

    DEPARTMENT OF THE AIR FORCE WASHINGTON, DC 2 4 JUL 1998 Office of the Assistant Secretary AFBCMR 97-02785 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: application was partially approved by competent authority in the amount of $78 1.25. rds of the Department of the Air Force relating...

  • AF | BCMR | CY1998 | 9703321

    Original file (9703321.pdf) Auto-classification: Approved

    &&e Director v Air Force Review Boards Agency I RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS NOv2 3 7998 IN THE MATTER OF: DOCKET NUMBER: 9 7 - 0 3 3 2 1 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She receive a waiver of her government property lost or damaged (GPLD) indebtedness of $ 2 8 6 . While we note that applicant's request for a waiver of indebtedness does not constitute an erroneous payment of pay and allowances, we believe a remission...

  • AF | BCMR | CY2006 | BC-2006-00839

    Original file (BC-2006-00839.DOC) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: DFAS-POCC/DE recommends denial and states after contacting the Remissions and Waiver Branch for a recommendation, that office notified them had they received the applicant’s remission request prior to his separation, they would have recommended the debt be collected in full. Applying this method to the fourth shipment produced a net weight of 3,120 pounds (78 inventory times 40 pounds), at a cost of...

  • AF | BCMR | CY1999 | 9801893

    Original file (9801893.doc) Auto-classification: Denied

    The shipment had an origin net weight of 16,345 pounds. According to JPPSO, the applicant did not provide any information to support an error or injustice by transportation personnel that increased the weight of his HHG. At origin, the shipment had a net weight of 16,370 pounds.

  • AF | BCMR | CY2000 | 9900670

    Original file (9900670.doc) Auto-classification: Denied

    DFAS EVALUATION: The Chief, Claims Branch, DFAS-DE/FYCC, reviewed this appeal and advised that $594.94 of the original $2,382.94 debt was remitted, leaving a remaining debt of $1,788.00. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his HHG debt should be remitted. He has not provided persuasive evidence demonstrating that either the original or remaining debt is in error or unjust and should be remitted in its entirety.

  • AF | BCMR | CY1999 | BC-1996-02029

    Original file (BC-1996-02029.doc) Auto-classification: Approved

    Applicant’s complete response is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the Director, Joint Personal Property Shipping Office, JPPSO-SAT/DIR, reviewed this application and recommended denial. ECAF again reviewed the case and based on claim documentation, they granted a weight credit of 493 pounds for missing and irreparably damaged items under GBL VP-154,889 and 108 pounds for items...

  • AF | BCMR | CY1999 | 9602029

    Original file (9602029.doc) Auto-classification: Approved

    Applicant’s complete response is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the Director, Joint Personal Property Shipping Office, JPPSO-SAT/DIR, reviewed this application and recommended denial. ECAF again reviewed the case and based on claim documentation, they granted a weight credit of 493 pounds for missing and irreparably damaged items under GBL VP-154,889 and 108 pounds for items...

  • AF | BCMR | CY2003 | BC-2002-04043

    Original file (BC-2002-04043.doc) Auto-classification: Approved

    He inquired again about the debt and this time he was told it was invalid and that the accounting and finance representative would notify the Defense Accounting and Finance Service (DFAS). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 6 January 2003, he applied for a waiver of his indebtedness incurred as a result of overpayment...

  • AF | BCMR | CY1999 | 9901353

    Original file (9901353.doc) Auto-classification: Approved

    AFBCMR 99-01353 INDEX CODE: 128.10 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Staff and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the Chief...