RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01401
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Her pay and allowances erroneously paid beyond her period of
active duty be corrected.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
She received a letter of indebtedness in the amount of $3,318.03
which she believes to be incorrect. It states the debt is due
to her inactive service from 14 Jun 08 to 15 Jul 08. The
applicant indicates that she was inactive during that period;
however, she believes the amount of overpayment is inaccurate.
In addition, she paid some of the debt for a temporary duty
(TDY), in Jun 08, which was not reflected.
Her pay documents indicate she was overpaid $2,694.32, plus
$351.00 for the Servicemembers Group Life Insurance (SGLI),
which would only leave $3,042.32. Most of her pay in Jun 08 was
taken away, so the debt should be lower. While she is not sure
of the exact amount due, she does have bank statements
reflecting many small amounts which should have been applied to
the debt.
In support of her appeal, the applicant provides a copy of her
bank statements, for 14 Jul 08 and 31 Aug 08.
The applicants complete submission, with attachments is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
DFAS-IN recommends partial relief. They note the applicant was
released from active duty on 13 Jun 08, but was paid through
15 Jul 08. Based on the debt computation, she has repaid a
portion of the debt and has accrued a debt based on SGLI charged
beyond the last duty date as a member of the Air National Guard
(ANG). Had the applicant repaid the total amount of the debt,
the taxes forwarded to the Internal Revenue Service (IRS) would
have been offset. As this was not the case, the applicant still
is responsible for the taxes and received credit when filing her
tax return for tax year 2008.
The applicant was overcharged for the SGLI premiums based on the
drills she completed, which would not have been the case had she
been separated in a timely manner. Therefore, the $351.00
charge should be removed and the debt amount adjusted
accordingly.
The complete DFAS-IN evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 May 10 for review and comment within 30 days.
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 warranting
corrective action. After a careful review of the available
evidence of record and the applicants complete submission, we
agree with the DFAS office of primary responsibility (OPR) that
partial relief be granted. The applicant believes the
indebtedness amount of $3318.03 is incorrect. The DFAS OPR
agrees that while the applicant received an overpayment
resulting from her early release from active duty on 13 Jun 08,
she was overcharged for SGLI in the amount of $351.00 for
coverage beyond her drill period, which was a result of the
delay in processing her separation from active duty. Therefore,
we recommend the applicants record be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that, by
competent authority, the debt for Servicemembers Group Life
Insurance be offset in the amount of $351.00 and the total debt
amount adjusted accordingly.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01401 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 10, w/atchs.
Exhibit B. Letter, DFAS-IN, dated 14 May 10, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 28 May 10.
Panel Chair
AFBCMR BC-2010-01401
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, by competent authority, the debt for Servicemembers Group Life
Insurance be offset in the amount of $351.00 and the total debt amount adjusted accordingly.
Director
Air Force Review Boards Agency
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