RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01560
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a full refund of $3553.00 that was collected as part of  an
error for a travel debt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on temporary duty with five other individuals to ----- Air  Base
(AB), Italy, from May 99 to Aug 99, he was initially scheduled to stay
on base with entitlement to government meals.  Upon his arrival at ----
- AB, he was given a non-availability of government quarters  to  stay
off base.  At this time, he notified the Personnel Readiness Unit  and
received authorization for two rental cars  and  commercial  meals  to
maintain team integrity  and  his  orders  were  immediately  amended.
After two weeks, lodging became available and he moved back  on  base.
Several requests  were  made  to  amend  the  orders  to  reflect  his
entitlement to government meals, but were never completed.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, documentation pertaining to his travel, including  vouchers
and orders, and a copy of the Board’s  decision  involving  a  similar
case.

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
senior master sergeant, having been promoted to that grade  on  1  Jan
01.  His Total Active Federal Military Service Date (TAFMSD) is 29 Aug
80.

Applicant incurred an indebtedness of $3,553.00  as  a  result  of  an
erroneous payment of travel pay for his temporary duty (TDY) to  Italy
from 13 May 99 to 14 Aug 99.

On 2 Apr 02, the applicant’s request for remission of his indebtedness
of $3,553.00 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 $3553.00.  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.  However, base level personnel should have also known better not
to amend the order or to pay  per  diem  not  authorized.   Therefore,
AF/DPPCC recommended that the  applicant's  records  be  corrected  to
reflect that his remission be partially approved for $1,776.50.

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  28
May 04 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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 do not  agree  with  the  office  of  primary
responsibility (OPR) that the applicant should be granted only partial
relief.  Based on the available evidence,  we  believe  the  applicant
made more than a good faith effort  to  have  his  orders  amended  to
change  his  per  diem  rate  on  two  separate  occasions,  but   the
responsible parties  failed  to  do  so.   Since,  in  our  view,  the
applicant  exercised  due  diligence  in  resolving  this  matter,  we
recommend the applicant's records be corrected to reflect  he  applied
for a remission of his indebtedness of $3553.00 and  his  request  was
approved by competent authority.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show  that  on  7  Mar  02,  he
applied for a remission of his indebtedness of $3553.00, incurred as a
result of the overpayment of travel pay, and his request was  approved
by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01560 in Executive Session on 29 Jun 04, under the provisions  of
AFI 36-2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Ms. Martha J. Evans, Member
      Mr. James E. Short, Member

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

     Exhibit A.  DD Form 149, dated 10 May 04, w/atchs.
     Exhibit B.  Letter, AFRBA Director, dated 2 Apr 02, w/atch.
     Exhibit C.  Letter, AF/DPPCC, dated 20 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.




                                   CATHLYNN B. SPARKS
                                   Panel Chair





MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

FROM: SAF/MR

SUBJECT:    AFBCMR Case of , AFBCMR Docket Number BC-2004-01560

      I have carefully reviewed all the circumstances of this case and do
not agree with the AFBCMR panel’s recommendation to grant the applicant
total relief concerning the remission of his indebtedness of $3553.00.

      The evidence of record indicates the applicant incurred his
indebtedness as a result of an erroneous payment of travel pay for his
temporary duty (TDY) to Italy.  When he arrived in Italy, government
billeting was not available; therefore, his orders were amended to allow
for full per diem for off-base lodging and commercial meals.  Subsequently,
billeting became available and the applicant moved on base and received the
commercial rate for his meals while living in government billeting.

      The AFBCMR panel is of the opinion he exercised due diligence in
resolving this matter.  However, while it appears he did make a good faith
effort, I agree with the office of primary responsibility (OPR) that he
should not be absolved of any responsibility.  In this respect, the
applicant was knowledgeable of his entitlements and it does not appear he
continued to follow up to ensure his orders were properly amended.
Furthermore, there is no evidence he pursued the matter further upon
receipt of his travel settlement.  Since he was aware he was receiving
monies to which he was not entitled, he should have, at the very least,
retained the erroneous funds for eventual refund to the government.

      In view of the foregoing, I agree with the OPR that the applicant
should only be afforded partial relief.  Accordingly, I direct his request
for a remission of his indebtedness be partially approved in the amount of
$1,776.50.  In arriving at my decision, I am aware that an earlier panel of
the Board granted partial relief in an identical case.

                                       MICHAEL L. DOMINGUEZ
                                       Assistant Secretary
                                       (Manpower and Reserve Affairs)




AFBCMR BC-2004-01560




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 on 7 Mar 02, he applied
for a remission of his indebtedness of $3553.00, incurred as a result
of the overpayment of travel pay, and his request was partially
approved in the amount of $1,776.50 by competent authority; and, that
he be reimbursed any monies collected in excess of $1,776.50.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency