RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01413
INDEX CODE: 128.12
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His debt payment of $2,356.37, withheld from his pay on
21 Aug 09, be returned until his DD Form 2789, Waiver/Remission
of Indebtedness Application, can be properly adjudicated.
________________________________________________________________
APPLICANT CONTENDS THAT:
The debt payment was unjustly withheld from his Incapacitation
(INCAP) Pay. He was overpaid in 2006 while mobilized in support
of Operation IRAQI FREEDOM. He completed a DD Form 2789 and
received a waiver resulting in one dollar per day being withheld
from his pay. He was subsequently released from active duty and
returned to reserve status as an Individual Mobilization
Augmentee (IMA). In 2009, he was placed on INCAP pay while he
underwent disability processing for a duty related injury. Upon
approval of his INCAP pay, he noticed the debt was on his Leave
and Earnings Statement (LES) and, on the advice of the Reserve
Pay Office, he initiated another DD Form 2789 on 8 Aug 09.
Unfortunately, the entire amount of the debt was withheld from
his first INCAP payment on 21 Aug 09.
In support of his appeal, the applicant provides an expanded
statement, copies of his DD Form 2789, retirement order, and
LESs, and correspondence related to the matter under review.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he served in
the Air Force Reserve in the grade of major (O-4), effective and
with a date of rank of 8 Jun 05. On 2 Jun 03, he was ordered to
active duty in support of Operation IRAQI FREEDOM and served
continuously until 19 Feb 06, when he was released from active
duty due to demobilization.
On 31 Jul 09, his name was placed on the Temporary Disability
Retired List (TDRL), with a compensable disability rating of
50 percent. He was credited with 8 years, 7 months, and 19 days
of total active service and 17 years, 10 months, and 4 days of
total reserve service.
On 6 Jul 10, SAF/MRBR notified the applicant that a thorough
review of his records at the Air Force Financial Services Center
(AFFSC) Debt Remission Office (SAF/FMP) revealed there was no
remission case pertaining to him on file.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-IN recommends denial, indicating there is no evidence of an
error or injustice. The applicants pay record indicates he
received Basic Allowance for Housing (BAH) at the with dependent
rate beyond the effective date of the request for change. The
debt was twice verified on 20 Apr 06 and 30 Oct 07.
A complete copy of the DFAS-IN evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the DFAS-IN evaluation was forwarded to the applicant
on 16 Jul 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of DFAS-IN and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
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-2010-01413 in Executive Session on 4 Nov 10, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 09, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, DFAS-IN, undated.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 10.
Panel Chair
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