RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02614
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt of $3,740.00 for overpayment of Basic Allowance for Housing (BAH)
be remitted.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he completed his DD Form 2367, Individual Overseas Housing Allowance
(OHA) Report, he completed the form correctly. He was overpaid due to an
error on part of the finance office. He was unaware of the actual
allowance he was to receive due to fluctuating exchange rates.
In support of his request applicant provided copies of his DD Forms 2367,
DD Form 2789, Waiver/Remission of Indebtedness Application, and the
Remission Decision. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
At the time he submitted this appeal, the applicant was an enlisted member
in the Regular Air Force serving in the grade of staff sergeant (E-5). His
Total Active Federal Military Service Date (TAFMSD) was 17 July 1989. He
had an established date of separation (DOS) and a date for his expiration
of term of service (ETS) of 22 November 2000.
_________________________________________________________________
AIR FORCE EVALUATION:
The Compensation and Entitlements Branch, AF/DPRCC, reviewed applicant's
request and states that when the applicant completed his DD Form 2367 he
indicated he had a roommate, therefore, his OHA payment should have been
computed as a sharer. However, his monthly payment did not take into
consideration that he was a sharer resulting in an overpayment of
approximately double his authorized OHA entitlement. A remission decision
was issued which recommended collection of 50 percent of the debt. In
light of his pending separation, the repayment schedule was re-computed in
order to liquidate the debt prior to his date of separation (30 Nov 00).
Applicant was overpaid and although unfortunate, the proper procedures are
being followed to collect the debt (see Exhibit B).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 Nov
00 for review and response 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 application 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 the applicant's submission, we are not persuaded
that further relief of his indebtedness is warranted. We agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that although unfortunate, the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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 7 Feb 01, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Philip Sheuerman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 00, w/Atchs.
Exhibit B. Letter, AF/DPRCC, dated 30 Oct 00.
Exhibit D. Letter, SAF/MIBR, dated 17 Nov 00.
VAUGHN E. SCHLUNZ
Panel Chair
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