Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03273
Original file (BC-2003-03273.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03273
            INDEX CODE:  128.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt to the government in the amount of  $5,293.60  for  overpayment  of
Basic Allowance for Housing-I (BAH-I) be  cancelled  and  he  be  reimbursed
monies already collected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

To his knowledge he completed the annual redetermination  in  October  2002.
He reported to the finance office, filled out the paperwork he was  provided
and turned it in.  He was later advised that he did not complete  the  form.
This is a Finance Office error.  He never received the papers  DFAS  claimed
they mailed to him.

In support of his request, applicant provided documentation associated  with
his dependency determination and  documentation  associated  with  his  debt
collection  action.   His  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  28
Jan 98.  He has been progressively promoted to the grade of  staff  sergeant
having assumed that grade effective and with a date of rank of 1 Jan 03.

Applicant received BAH on behalf of his dependent mother for  the  period  1
Jan 02 through 31 Aug 02.  On 15 Nov  02,  because  the  applicant  did  not
provide the required documentation to show proof that  he  provided  support
to his mother during the period 1 Jan 02 through 31 Aug 02, a  debt  in  the
amount of $5,293.60 was established.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE recommends approval of one month of BAH for  January  2002  and
denial of BAH for 1 Feb through 31 Aug 02.  DFAS  states  collection  action
was initiated because  the  applicant  did  not  provide  evidence  that  he
supported his mother for the period 1 Jan through 31 Aug 02.   He  was  sent
letters on 28 Aug 02  and  15 Oct  02  advising  him  of  the  documentation
required to accomplish a redetermination to  verify  entitlement  to  BAH-I.
He did not respond.  A third letter was sent on 15 Nov 02 advising  him  the
documentation had not been received and he was not entitled to  BAH.   On  4
Dec 03, he was sent an additional letter allowing him 30 days to submit  the
proper documentation to show proof  of  support.   He  has  not  provided  a
written response.   Documentation  submitted  with  his  AFBCMR  application
shows a cancelled check in the amount of $500 dated 3 Jan  02  paid  to  his
mother.  This is the only proof he submitted.  Based on that  documentation,
DFAS recommends approval of one month BAH for January 2002.

The DFAS evaluation, with attachments is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Jan
04 for review and comment 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error  or  injustice  that  would  warrant  some  corrective
action.  The applicant is requesting that his debt  to  the  government  for
BAH that he received be  cancelled.   He  received  BAH  on  behalf  of  his
mother, whom  he  claimed  as  a  dependent.   Policy  in  these  instances,
requires that the applicant periodically provide proof that he is  providing
financial support to his mother.  The evidence of record  supports  that  he
was provided  documentation  which  clearly  states  what  documentation  is
required as proof of support to his mother.  However, with the exception  of
a cancelled check showing support during the month of January 2002,  he  has
failed  to  provide  the  required  documentation.   Therefore,  absent  the
required documentation to show he provided support to his mother during  the
months of February 2002 through August  2002,  we  agree  with  the  Defense
Finance and Accounting Service that approval of BAH only for  the  month  of
January 2002 is warranted.  Therefore, we  recommend  that  his  records  be
corrected to the extent indicated 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 was authorized  to  receive  Basic
Allowance for Housing, claiming his mother as a dependent, during the  month
of January 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03273 in Executive Session on 31 Mar 04, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Leslie E. Abbott, Member
      Ms. Renee M. Collier, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Sep 03, w/atchs.
    Exhibit B.  Letter, DFAS-POCC/DE, dated 19 Jan 04, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Jan 04.




                             THOMAS S. MARKIEWICZ
                                             Chair
AFBCMR BC-2003-03273




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 APPLICANT, be corrected to show that he was authorized to
receive Basic Allowance for Housing, claiming his mother as a dependent,
during the month of January 2002.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2001-00580A

    Original file (BC-2001-00580A.doc) Auto-classification: Denied

    The applicant’s complete review is at Exhibit K. _________________________________________________________________ ADDITIONAL HQ USAF/JAA EVALUATION: HQ USAF/JAA reiterates that the applicant’s original debt of $50,669.90 was reduced to $25,669.90 and, to the extent that his reconsideration request was for the repayment of this validly established debt owed to the US, it should be denied. DFAS summarizes the applicant’s indebtedness and adjustments thereto as follows: $50,669.90 Original...

  • ARMY | BCMR | CY2003 | 2003090619C070212

    Original file (2003090619C070212.doc) Auto-classification: Approved

    The applicant requests cancellation or remission of his debt for overpayment of family separation allowance (FSA). His family separation housing (FSH) and BAH Type II without dependents rate were used to calculate his OHA. The amount of BAH for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status, and the geographical location of the member.

  • AF | BCMR | CY2004 | BC-2003-03756

    Original file (BC-2003-03756.DOC) Auto-classification: Denied

    After the birth of her second child, she and her fiancée went to the Finance office to update the information on her second child. She also could not expect to receive BAH with dependent spouse BAH when she had no housing costs. We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the Air Force office of primary responsibility that the applicant reasonably could not expect to receive BAH at the with- dependent rate...

  • AF | BCMR | CY2004 | BC-2004-00619

    Original file (BC-2004-00619.doc) Auto-classification: Denied

    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.

  • ARMY | BCMR | CY2002 | 2002076096C070215

    Original file (2002076096C070215.rtf) Auto-classification: Approved

    In support of his application, he submits copies of his: DA Form 3508-R (Application for Remission or Cancellation of Indebtedness) with supporting documents; a memorandum from Chief, Special Actions Branch, Total Army Personnel Command (PERSCOM); a notice of indebtedness from the installation finance office with supporting documents; an e-mail notification; and a copy of his May 2002 leave and earnings statement (LES). The letter also informed the applicant that $2,348.60 of the debt...

  • AF | BCMR | CY2005 | BC-2004-03272

    Original file (BC-2004-03272.DOC) Auto-classification: Approved

    A complete copy of the Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 January 2005, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. After reviewing the evidence of record, we agree with the findings and recommendation of the Joint Personal Property Shipping Office and adopt its rationale as the basis for our decision that the...

  • ARMY | BCMR | CY2004 | 20040007904C070208

    Original file (20040007904C070208.doc) Auto-classification: Denied

    He was told by field grade officer(s) at the Camp Doha, Kuwait FSO (Financial Service Office) he was entitled to BAH-S. c. Finance officers could not agree on the proper interpretation of pay and allowances regulations as they applied to divorced Soldiers and the issue of dependents. The applicant provides: a. The applicant believes because he has a dependent child and pays court- ordered child support to his ex-wife, he should have been entitled to BAH-S while occupying Government...

  • ARMY | BCMR | CY2011 | 20110008085

    Original file (20110008085.txt) Auto-classification: Approved

    The opinion states that based on information provided by the applicant and DFAS and in view of the facts surrounding the applicant's debt collection, the recommendation is that the Army Board for Correction of Military Records support the applicant's request and stop collection for overpayment of BAH while deployed and to reimburse him for payments already made. Based on the foregoing, his records should be corrected to show he was authorized BAH up to the date of his release from active...

  • ARMY | BCMR | CY2004 | 2004105346C070208

    Original file (2004105346C070208.doc) Auto-classification: Approved

    In a 10 September 2003 sworn statement a military pay technician for the United States Property and Fiscal Office (USPFO), North Dakota National Guard stated that information on the applicant, married to an active duty Air Force member, was erroneously loaded [in the finance system] in October 2002 at the BAH with dependents rate. The applicant, herself, however, did not so request in her application to this Board. As a result, the Board recommends that the record be corrected to show that...

  • ARMY | BCMR | CY2014 | 20140003469

    Original file (20140003469.txt) Auto-classification: Denied

    b. BAH-DIFF is the housing allowance amount for a member who is assigned to single-type quarters and who is authorized a basic allowance for housing solely by reason of the member's payment of child support. The child must be dependent upon the member for over one-half of the child's support. The evidence of record shows that $788.67 monthly is being deducted from his pay on his LESs as SUPPORT/COMM DEBT.