RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01180
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt of $2903.50 be remitted and all monies that have been
collected be refunded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His travel debt was unjust.
In support of his appeal, the applicant provided documentation
pertaining to his travel, to include vouchers, orders, and receipts.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Feb 99. His
Total Active Federal Military Service Date (TAFMSD) is 27 Sep 91.
Applicant incurred an indebtedness of $2903.50 as a result of an
erroneous payment of travel pay for his temporary duty to Italy. When
he arrived in Italy, billeting was not available; therefore, his
orders were amended to allow for full per diem for off base lodging
and commercial meals. On 31 May 99, billeting became available and
the applicant moved on base. He received the commercial rate for his
meals while living in government billeting for the period 31 May 99
through 12 Aug 99.
On 2 Apr 02, the applicant's request for remission of his indebtedness
of $2903.50 was considered and denied by the Director, Air Force
Review Boards Agency (AFRBA) (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
AF/DPPCC noted that as a result of non-availability, the applicant's
orders were amended to read "Members auth full per diem, for off base
lodging and commercial meals to maintain team integrity. Team is auth
two rental cars and reimbursement for fuel." This amendment was
published in error; however, it resulted in the applicant receiving
the full meals and incidental rate for the duration of his deployment.
The applicant was aware of this error and requested amendments be
published to change the per diem rate on two separate occasions.
Unfortunately, the orders were never changed back. During a post
audit review of his voucher, it was discovered that he was overpaid in
per diem in the amount of $2903.50. He submitted a remission of this
debt to the Defense Finance and Accounting Service, which was
subsequently denied.
According to AF/DPPCC, the applicant was fully aware of his
entitlement and knew that he was not entitled to the increased per
diem. To remedy the error, the applicant asked base personnel for
assistance on a couple of occasions to amend his orders that
authorized him full per diem. Unfortunately, base level personnel did
not respond to his request. Therefore, AF/DPPCC recommended that the
applicant's records be corrected to reflect that his remission be
partially approved.
A complete copy of AF/DPPCC evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 11
Jul 03 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the
available evidence, we are sufficiently persuaded that corrective
action is warranted. We are not inclined to provide the total relief
requested by the applicant since he was knowledgeable of his
entitlements and it does not appear that he continued to follow up to
ensure his orders were properly amended. Nevertheless, since we are
of the opinion that he made a good faith effort to resolve the matter,
we agree with the recommendation by the Air Force office of primary
responsibility (OPR) that the applicant be afforded partial relief.
Accordingly, we recommend that the applicant's records be corrected as
set forth below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he applied for a
remission of his indebtedness of $2903.50, incurred as a result of the
overpayment of travel pay, and his request was partially approved in
the amount of $1451.75 by competent authority; and, that he be
reimbursed any monies collected in excess of $1451.75.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2003-01180 in Executive Session on 17 Sep 03, under the provisions of
AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Patricia Kelly, Member
Mr. Michael V. Barbino, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 03, w/atchs.
Exhibit B. Letter, AF/DPPCC, dated 7 Jul 03.
Exhibit C. Letter, AFRBA Director, dated 2 Apr 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Jul 03.
PEGGY E. GORDON
Panel Chair
AFBCMR BC-2003-01180
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that he applied for a
remission of his indebtedness of $2903.50, incurred as a result of the
overpayment of travel pay, and his request was partially approved in
the amount of $1451.75 by competent authority; and, that he be
reimbursed any monies collected in excess of $1451.75.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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