RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01418
INDEX CODE: 128.12
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he was paid basic allowance
for housing differential (BAH-DIFF) for the period 31 Jul 97
through 27 Jun 98.
________________________________________________________________
APPLICANT CONTENDS THAT:
His daughters mother was discharged from the Air Force on
31 Jul 97 and he should have been entitled to BAH-DIFF from the
time of her discharge until his discharge on 27 Jun 98. He
resided in the dormitory during this period and was paying child
support the entire time.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, his daughters birth certificate, her mothers
DD Form 214, and copies of various checks and money orders.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Available records indicate the applicant enlisted in the Regular
Air Force on 28 Sep 93. On 27 Jun 98, he was honorably
discharged at the completion of his required active service and
was credited with four years and nine months of total active
service.
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
AF/AIPA recommends denial, indicating that a claim must be
received by the responsible office within six years after the
claim accrues. It appears the applicant would have been
entitled to BAH-DIFF if he had submitted his request in a timely
manner; however, due to the passage of time, the Air Force is
not in a position to verify the circumstances of the situation,
such as whether the applicant actually lived in the dorms.
A complete copy of the AF/A1PA evaluation is at Exhibit C.
________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
The applicant contends it is unjust to say he is not entitled to
BAH-DIFF because the Air Force is not in a position to verify
whether or not he was living in the dorms. His supervisors told
him he was not entitled to BAH-DIFF and he took their word for
it. As a junior enlisted member, he did not know what
allowances he was entitled to receive beyond what he was told
and what other airmen of his rank received. It seems the
Department of Defense has a great system for educating members
when they owe the Government money, but no such system to do so
when they are entitled to receive an allowance. It also seems
evident that he was not aware of his underpayment before Apr 10,
or he would have filed earlier. Is it right to deny a former
service member what he is legitimately entitled to receive
because he was unaware of the error before the statute of
limitations expired?
A complete copy of the applicants response is at Exhibit D.
________________________________________________________________
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 an error or injustice warranting
corrective action. We note the comments by AF/A1PA indicating
the Air Force is unable to verify the relevant circumstances due
to the passage of time. Nonetheless, after careful review of
the available records and the applicants complete submission,
including the DD Forms 214, his childs birth certificate, and
checks and money orders, we believe a preponderance of the
evidence supports his entitlement to the requested relief.
Therefore, we recommend his records be corrected as indicated
below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
31 July 1997, he requested Basic Allowance for Housing
Differential (BAH-DIFF) for the period 31 July 1997 through
27 Jun 1998, and his request was approved by competent
authority.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01418 in Executive Session on 26 Oct 10, 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 8 Apr 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 15 Jun 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 10.
Exhibit E. Letter, Applicant, dated 22 Jul 10.
Panel Chair
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