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AF | BCMR | CY2005 | BC-2004-01031
Original file (BC-2004-01031.DOC) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01031
            INDEX CODE:  128.10


            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt of $3315.50  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  an  authorization
letter, documentation pertaining to his travel, to  include  vouchers,
orders, and receipts, and a copy of 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
the applicant is currently serving on active  duty  in  the  grade  of
staff sergeant, having been promoted to that grade on 1 Sep  00.   His
Total Active Federal Military Service Date (TAFMSD) is 22 Mar 90.

Applicant incurred an indebtedness of  $3315.50  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  2002,  the  applicant's  request  for  remission  of   his
indebtedness of $3315.50 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 $3315.50.  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.  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.

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).

A copy of a memorandum from the Assistant Secretary of the  Air  Force
(Manpower and Reserve Affairs) was provided to applicant on 30 Sep  04
for review and response.  As  of  this  date,  no  response  has  been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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  aggressively  pursued
corrective  action  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 $3315.50, incurred as a result of the
overpayment of travel pay, and his request was partially  approved  in
the amount of  $1657.75  by  competent  authority;  and,  that  he  be
reimbursed any monies collected in excess of $1657.75.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01031 in Executive Session on 3 Jan 05, under the  provisions  of
AFI 36-2603:

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

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

     Exhibit A.  DD Form 149, dated 9 Apr 04, w/atchs.
     Exhibit B.  Letter, AFRBA Director, dated 2 Apr 02, w/atchs.
     Exhibit C.  Letter, AF/DPPCC, dated 20 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.
     Exhibit E.  Letter, AFBCMR, dated 30 Sep 04, w/atch.




                                   CATHLYNN B. SPARKS
                                   Panel Chair









AFBCMR BC-2004-01031




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 $3315.50, incurred as a result of the
overpayment of travel pay, and his request was partially approved in
the amount of $1,657.75 by competent authority; and, that he be
reimbursed any monies collected in excess of $1657.75.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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