RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 00-02446
INDEX CODE 128.10
XXXXXXXX COUNSEL: None
XXXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt of $11,715.00, resulting from with-dependent basic allowance
for housing (BAH-D) while living in government housing, be remitted.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He followed all procedures and made his appointments with Accounting &
Finance while stationed at Misawa AB, Japan. He was unaware an error
had occurred. He did not create the error.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Nov 98, a debt of $17,634.58 was established for the overpayment
of BAH-D the applicant received from 23 May 95 through 23 Jul 98. He
applied for remission of the entire debt while still on active duty.
SAF/MIB remitted $5,919.58, the amount of child support he paid during
the period of overpayment; however, the remission of the remaining
$11,715.00 was denied. Collection of the denied portion was set at
$150.00 per month with the understanding that the remaining debt at
separation could be collected in monthly installments from his retired
pay. On 19 Jan 00, the applicant submitted a second remission package
requesting total remission based on extreme financial hardship. On 8
Feb 00, the package was returned to him with specific instructions
outlining the required documentation needed; however, he did not
respond before he retired in the grade of senior master sergeant on
1 May 00.
_________________________________________________________________
DEFENSE FINANCE & ACCOUNTING SERVICE (DFAS) EVALUATION:
The Chief, Claims Branch, DFAS-DE/FYCC, reviewed the appeal and
advised that, during the period in question, the applicant was living
in government housing and was entitled to receive basic allowance for
housing-difference (BAH-DIFF), which is paid to members who are paying
child support. DFAS-DE/FYCT advised in their attached memorandum that
it is highly unlikely that any additional part of the debt would have
been remitted as it does not appear that the applicant could document
an actual financial hardship. Further, the statutory purpose of BAH-D
is at least to partially reimburse a service member for expenses
he/she incurred in providing housing for dependents when government
housing is not provided. This applicant did not have physical custody
of his children and was not providing a home for them. He reasonably
could not have anticipated receiving BAH-D to help offset his housing
costs when his housing was being provided at no cost to him. In
addition, the debt has already been remitted to an amount equal to the
total child support he paid during the period of overpayment. He
cannot apply for remission now because he is no longer on active duty;
the only option available to him would be to apply for a waiver of the
remaining balance of his debt but his request would be denied. The
Chief recommends the appeal be denied.
A complete copy of the evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF DFAS EVALUATION:
A complete copy of the DFAS evaluation was forwarded to the applicant
on 3 Nov 00 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The applicant was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that his remaining debt should be forgiven. The applicant’s
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the DFAS Claims Chief. We therefore agree with
the recommendations of the Chief and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or an injustice.
Therefore, absent persuasive evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 February 2001, under the provisions of AFI 36-
2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. Jackson A. Hauslein, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Sep 00, w/atchs.
Exhibit B. Letter, DFAS-DE/FYCC, dated 16 Oct 00, w/atch.
Exhibit C. Letter, SAF/MIBR, dated 3 Nov 00.
GREGORY H. PETKOFF
Panel Chair
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