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AF | BCMR | CY2002 | 0202252
Original file (0202252.doc) Auto-classification: Denied

                       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

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