RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02973
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She not be held liable for an outstanding debt of $1,137.56 on Order #
AP-150, TP-48.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was told by her superior not to commute  from  Berlin  Heights  to
Swanton, Ohio.  Her orders were amended to say she was a  non-commuter
and she would be entitled to per diem and lodging expenses.  Her  unit
did, in fact, change her orders and advised her to get  a  hotel  room
from 8 August 2005 through 1 September 2005.  She was  only  following
orders.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Ohio Air National Guard (OHANG)  on  12 June
2001 and was progressively promoted to the grade of senior airman.  On
18 November 2004, she was  involuntarily  called  to  active  duty  in
support of Operation Enduring Freedom to  perform  duty  at  her  home
station from 16 November 2004 to 15 November 2005.  On 30 August 2005,
her orders were amended  to  change  her  dates  of  service  from  16
November 2004 through 15 November 2005 to 16 November 2004  through  1
September 2005.  On 31 August 2005, her orders were again  amended  to
change her duty location from her home station (200 RHS) to the  180th
Fighter Wing (FW) from 8 August 2005 to 1 September 2005.  The  orders
specifically state she will not commute.  Later analysis revealed  she
was not eligible for lodging and per diem as she was actually supposed
to commute.  Her unit filed a debt recoupment action with the  Defense
Finance and Accounting Service (DFAS).

Examiner’s Note:  We spoke with the unit comptroller and asked  if  he
had a copy of the order amending her earlier order to reflect she  had
to commute and he told us her order had never been amended.  We  asked
how a debt could be established without an instrument to establish it.
 He contacted the applicant and they submitted a  debt  waiver  asking
DFAS to forgive  her  debt.   Her  original  debt  was  $1,137.56  for
overpayment of lodging expenses  and  per  diem.   DFAS  approved  her
waiver for the amount of $671.41 as she provided lodging  receipts  to
show the funds were used in  detrimental  reliance  for  the  purposes
intended.  The remaining balance of $466.15 was denied as there was no
proof the funds were used for the purpose intended.  According to  her
unit  comptroller,  DFAS  has  established  an  additional  debt   for
recoupment of $312.95 for repayment of excess leave taken and  a  debt
for Servicemen’s Group Life Insurance (SGLI) premiums in the amount of
$187.00.  According to DFAS her total debt to the  government  is  now
$1,013.22.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POF obtained an email from the unit comptroller’s office NCO  in
Charge (NCOIC) recommending the debt be forgiven.  However, this email
was done prior to our conversation with the comptroller and  prior  to
the waiver.  The comptroller has not suggested the debt be forgiven.

A1POF’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
April 2006 for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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.  On 31 August 2005,  the  applicant’s
unit amended her original orders changing her duty location  from  her
home station to the 180th FW and specifically stating  she  would  not
commute. When the unit uncovered their mistake and saw she was  indeed
supposed to have commuted, the unit filed a  debt  recoupment  in  the
amount of $1,137.56 for lodging and per diem.  Applicant  submitted  a
waiver to DFAS through her  unit  comptroller.   DFAS  considered  her
waiver request for forgiveness of her travel  debt  of  $1,137.56  and
forgave  $671.41  (lodging  cost)  of  that  debt.   DFAS  denied  the
remaining balance of $466.15 as there was no proof the funds were used
for the purpose intended.  We understand the need to provide  receipts
for lodging, which she did and that part of  her  debt  was  forgiven;
however, a requirement to provide receipts, or proof, she used her per
diem for that which it was intended seems, to us, to be excessive  and
unnecessary in this case.  Therefore, we recommend that the records be
corrected as indicated below.

During the normal processing of this case, we noted that  DFAS  and/or
her unit levied additional debts against her in the  form  of  $360.07
for excess leave and $187.00 in unpaid SGLI premiums for  a  total  of
$547.07.  Inasmuch as this additional debt was  not  identified  until
after the applicant had submitted her application we did not therefore
consider it.  We feel if the debt is valid she should be  held  liable
for it.  However, should she feel the debt is invalid  or  was  levied
against her as a result of an error or injustice  we  would  encourage
her to reapply.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show  that  on  31  August  2005
competent authority approved her request for remission of debt in  the
amount of $1,137.56, rather than, $671.41 as a result of  active  duty
performed from 8 August 2005 to 1 September 2005.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 June 2006, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Jan Mulligan, Member

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

    Exhibit A.  DD Form 149, dated 22 Sep 05, w/atchs.
    Exhibit B.  Letter, NGB/A1POF, dated 3 Apr 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Apr 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary


AFBCMR BC-2005-02973




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 on 31 August
2005 competent authority approved her request for remission of debt in
the amount of $1,137.56, rather than, $671.41 as a result of active
duty performed from 8 August 2005 to 1 September 2005.




     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency