RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00619
INDEX NUMBER: 128.10
XXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
A portion of the indebtedness he has incurred due to being paid Basic
Allowance for Housing (BAH) to which he was not entitled be forgiven.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive copies of his Leave and Earnings Statements (LESs)
in a timely manner, which caused him not to realize he was receiving
BAH to which he was not entitled.
The error would have been discovered sooner if his servicing finance
office had sent out a BAH certification form to verify his housing
cost.
He has been repaying the debt for several years at a rate of $505.00
per month.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is 14 Sep
84. He is presently serving on active duty in the grade of technical
sergeant. 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. The applicant’s request for
remission of this debt was denied on 16 Sep 02.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-POCC/DE recommends denial of the applicant’s request. On 5 Aug
94, the Secretary of the Air Force (SECAF) approved a remission for
$577.12 on a $1,151.12 erroneous payment of Basic Allowance for
Quarters differential (BAQ-Diff). The applicant was not due the BAQ-
Diff because he was living in government family quarters. This
decision put the applicant on notice that he was not due housing
allowance while residing in government family quarters. 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.
OHA is a monthly allowance paid to members assigned to an overseas
permanent duty station authorized to live in private housing. When
personnel are assigned to government family quarters, they are briefed
as to what entitlements they will be giving up and sign a contract
with the housing office.
The first LES reflecting the applicant’s receipt of OHA was Feb 99,
in the net amount of $998.69. Given his time in service, the
applicant should have questioned such a large increase in his monthly
pay and should have contacted his servicing finance office.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, applicant indicates that
he agrees that he should have been more diligent and caught the error
with his pay himself. He states that he is not seeking to play the
blame game, but to get the process that caused his problem fixed.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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
basis for our conclusion that the applicant has not been the victim of
an error or injustice. 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 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 BC-2004-
00619 in Executive Session on 29 April 2004, under the provisions of
AFI 36-2603:
Mr. Jackson A. Hauslein, Panel Chair
Mr. James W. Russell, III, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-POCC/DE, dated 8 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.
Exhibit E. Letter, Applicant, dated 15 Apr 04.
JACKSON A. HAUSLEIN
Panel Chair
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