RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03076
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be given a waiver for the debt of $1151.33 to the U.S.  Government
for an erroneous payment of Dislocation Allowance (DLA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She received a letter of Settlement of Outstanding Debt dated  17 July
2002.  The letter stated that she had taken a  travel  advance,  which
she was sure she did not take.  She called the 28 CPTS (SSgt D---)  at
Ellsworth AFB, on 8 August 2002 and was informed  that  she  had  been
paid DLA erroneously on a travel voucher  submitted  on  24  September
2001.

She believes the record to be in error  or  unjust  in  the  following
particulars:

    a.   The erroneous payment occurred through administrative  error.
SSgt D--- informed her via their 8 August 2002 phone conversation that
several others and herself had been erroneously paid  DLA  during  the
timeframe she filed her voucher.

    b.  There is no indication of fraud, misrepresentation, fault,  or
lack of good faith on the part of  the  member  or  any  other  person
having an interest in obtaining a waiver of the  claim.   She  had  no
idea she was paid DLA until 8 August 2002.  When  she  filed  her  PCS
voucher a member of the 28 CPTS staff filled out  the  DD  1351-2  for
her.  She mistakenly marked the DLA box  and  she  didn’t  notice  the
error.  She didn’t receive a copy of the voucher at the  time  it  was
filed.  Additionally, she never received  a  copy  of  the  settlement
voucher when it was processed so she was unaware of the  DLA  payment.
She didn’t notice anything strange in  her  bank  account  during  the
period following the payment of the  travel  voucher.   She  had  very
sporadic access to her bank balance as her mail was  being  forwarded,
therefore, she didn’t notice anything unusual.

The customer service she received from the 28  CPTS  staff  while  out
processing was very courteous and professional especially in light  of
the fact that this was a very stressful period  as  it  was  only  two
weeks after 9-11 and manning must have been very short.  However,  she
doesn’t feel she should be held accountable for an error that was  not
her fault and was identified almost a year after the fact.

In support of the appeal, applicant provided a copy of the  Settlement
of Outstanding Debt letter and a copy of the Travel  Voucher  Summary.
Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 December 1981.

Applicant applied for waiver consideration of a $1,151.33 indebtedness
resulting from the erroneous payment of dislocation allowance (DLA) on
28 September 2001.  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.  She was further advised  that
she could appeal this decision.

Applicant retired on 1 January 2002, in the grade of  master  sergeant
(E-7).  She served 20 years and 2 days on active duty.

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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 applicant denying her  request
for a waiver.  Based on the information before them, they  could  find
no evidence of an  error  or  injustice.   Therefore,  they  recommend
denial of applicant’s request.  A complete  copy  of  the  evaluation,
with attachment, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 November 2002, a copy of the Air Force evaluation  was  forwarded
to the applicant 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the assessment contained in the letter  by  the
Financial Claims Technician assigned to the Directorate  of  Debt  and
Claims Management.  It is our opinion that in view of  the  fact  that
the applicant was an experienced noncommissioned officer with  lengthy
service and based on the size of the discrepancy in the amount she was
reimbursed  for  her  travel  entitlements  versus  the   amount   she
reasonably should have expected, the  applicant  should  have  brought
this information to the attention of authorities at DFAS at  the  time
the overpayment was made.  Since the overpayment was erroneous and the
applicant should reasonably have been aware that she was overpaid,  we
find the action to recoup the amount of the overpayment is proper and,
based on the available evidence,  there  is  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 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 29 April 2003 under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Sep 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, DFAS-POCC/DE, dated 30 Oct 02, w/atch.
      Exhibit D. Letter, AFBCMR, dated 8 Nov 02.




                             RICHARD A. PETERSON
                             Panel Chair