RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02252
INDEX NUMBER: 128.10
XXXXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her indebtedness to the government in the amount of $4,357.50 be
waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are 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 Air Force found at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-DE/POCC reviewed this application and recommended denial. A
complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
23 Aug 02 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt their rationale as
the primary basis for our conclusion that the applicant has not been
the victim of an error or injustice. While it appears that the
applicant took steps to address the problem with her pay, we note
that she has not provided any evidence of support from her chain of
command or that she sought help through the Inspector General system
to resolve the problem. Notwithstanding the protracted period of
time it took to resolve the problem, the applicant clearly admits
that she knew she was receiving pay to which she was not entitled.
She also admits that her personal circumstances compelled her to use
this money. While regrettable, her personal financial hardship did
not relieve her of the responsibility to be prepared to repay the
overpayment. 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 Docket Number 02-02252
in Executive Session on 25 September 2002, under the provisions of
AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Ms. Diane Arnold, Member
Mr. E. David Hoard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-DE/POCC, dated 19 Aug 02.
Exhibit D. Letter, SAF/MIBR, dated 23 Aug 02.
LAWRENCE R. LEEHY
Panel Chair
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the deceased member’s military records, are contained in the letter prepared by the appropriate office of the Air Force found at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM reviewed this application and recommended denial. We took notice of the applicant's complete submission...
AF | BCMR | CY2005 | BC-2005-02194
At the time of her separation she had been disqualified from Air Traffic Control duties and had been continued on active duty awaiting waivers and Medical Evaluation Board (MEB) processing. With regard to the presence of medical conditions that were potentially disqualifying for controller duties, the Medical Consultant states the fact that she decided to voluntarily separate under pregnancy provisions rather than remain on active duty and complete the planned evaluations and...
A Medical Evaluation Board (MEB) convened on 7 December 2000, and recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB) based on the diagnosis of dysthymic disorder and borderline personality disorder. The BCMR Medical Consultant states, in part, that the applicant’s concern that a possible personality disorder diagnosis was instrumental in the final determination of her impairment is not borne out by the evidence of record. The AFPC/DPPD evaluation is at...
_________________________________________________________________ APPLICANT CONTENDS THAT: The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 the...
The total agreement payment amount is divided by the total length of the agreement in days (360 days per year) to arrive at a “daily rate.” This daily rate is then multiplied by the number of days served under the agreement to arrive at the amount of ACP the member has “earned.” Based on the “daily rate,” members receive the annual payment at the beginning of the agreement year with the member “earning” the payment over the course of the year. A complete copy of the DFAS-POCC/DE evaluation...
AF | BCMR | CY2004 | BC-2004-00619
The applicant incurred a debt of $23,177.40 due to the receipt of erroneous payments of BAH and Overseas Housing Allowance (OHA) from 26 Aug 98 through 30 Apr 02. Therefore, he should have questioned his pay when he moved into family quarters overseas and started receiving BAH and OHA. Had the applicant questioned his pay within a reasonable amount of time, he would not have incurred such a large debt.
AF | BCMR | CY2004 | BC-2004-00959
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00959 INDEX CODES: 121.02, 128.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be paid for her accrued leave and any pay and allowances to which she was entitled at the time of her discharge. Since these records no longer exist for the time period in question, they are not able to verify whether...
AF | BCMR | CY2005 | BC-2001-00295
The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...
He presented to VA in 1997, was evaluated and initially rated at 10% for Generalized Anxiety Disorder (GAD) that was judged to be service connected due to the history of anxiety documented in his service medical record. An examination of the applicant’s medical records shows that he was treated for various medical conditions throughout his military career; however, none were considered severe or grave enough that a medical evaluation conducted for the purpose of his ongoing discharge...
AF | BCMR | CY2002 | BC-2002-03076
She didn’t receive a copy of the voucher at the time it was filed. By letter dated 17 October 2002, the Directorate of Debt and Claims Management, DFAS-Denver, notified the applicant that her request for waiver was denied. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-POCC/DE states that the Remission and Waiver Branch informed them that the applicant had filed a waiver application and they provided a copy of the letter that was sent to the...