RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01608
INDEX CODE: 128.10
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 NOV 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His remaining Cost of Living Allowance (COLA) debt for the period
15 Jul 04 to 15 Aug 05 be waived.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He applied for a waiver through the Defense Office of Hearings and
Appeals (DOHA), dated 22 Nov 05, for a debt which arose from the
COLA he received for the period of 15 Jul 04 – 15 Aug 05.
Applicant submitted a DOHA request in Sep 05 to waive $3587.74 of
his total debt of $4771.07. His total debt was comprised of two
components: 1) overpaid deployment entitlements, 2) overpaid COLA.
The DOHA determination was the following:
a. Waived COLA debt for 22 Jun – 15 Jul 04.
b. Waived Family Separation Housing (FSH) debt for 3 May –
15 Jun 05.
c. Waived Hostile Fire Pay (HFP) debt for 1 Jun – 15 Jun 05.
d. Denied COLA debt for 15 Jul 04 – 15 Aug 05.
He requests that the remaining COLA debt for the period 15 Jul 04 –
15 Aug 05 be waived.
In support of his appeal, applicant submitted a letter from his
financial analysis flight commander and a copy of his DOHA appeal
package and other supporting documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the grade of lieutenant colonel
with an effective date and date of rank of 1 May 01 with a duty
title as Commander.
Applicant was transferred from Kadena AB to Spangdahlem AB on
22 Jun 04. However, due to a finance oversight, the transaction
that normally transfers a pay record from one base to the other
rejected and was not corrected until 12 Aug 05. As a result,
applicant was overpaid COLA from Jun 04 through Jul 05 in the
amount of $3587.74.
On 22 Nov 05, the DOHA waived all, but the portion of the
applicant’s request in respect to COLA he received erroneously for
the period 15 Jul 04 to 15 Aug 05, resulting in an overpayment of
$3587.74.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AF/A1DF recommended a waiver of half the COLA debt in the amount
of $1793.87. In reviewing DOHA’s decision, they found no basis
that would warrant further waiver of the applicant’s debt.
However, they feel the government does bear some responsibility in
the oversight since they were aware of the error and took no action
to ensure a resolution.
The HQ AF/A1DF 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 2 Jun 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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. After a thorough
review of the evidence of record and applicant's submission, we are
not persuaded that the remaining portion of the applicant’s debt of
$3587.74 should be waived. The Board noted the comments of Air
Force Chief, Compensation & Entitlement Policy; however we are not
in agreement with their recommendation. Air Force members are
provided a Leave and Earnings Statement (LES) on a monthly basis,
which provides them with information of their leave and earnings
entitlements. Based on information provided to the Board, the
applicant received most of the LESs provided to him during the
period in question (15 Jul 04 – 15 Aug 05). Applicant’s LESs
clearly listed his COLA location. Therefore, we believe that he
bears some responsibility to carefully examine his LESs for
accuracy and to report any errors to the appropriate officials.
The applicant failed to report the errors on his LESs in excess of
12 months during the period in question. Furthermore, given his
number of years of service, rank and office, it is our opinion that
he had a responsibility to question the COLA location erroneously
listed on his LESs. In view of the above, we conclude that the
applicant has not been the victim of an error or an injustice.
Based on the foregoing and in the absence of persuasive evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in this application. As an aside, since 10 USC 2774
authorizes the Secretary concerned to waive a claim in an amount
aggregating not more than $1500, we appear to lack the authority
even if we were so inclined.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2006-01608 in Executive Session on 19 July 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 06, w/atchs.
Exhibit B. Letter, HQ AF/A1DF, dated 31 May 06.
Exhibit C. Letter, SAF/MRBR, dated 2 Jun 06.
MICHAEL J. NOVEL
Panel Chair
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