RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02839 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be granted a remission of her debt associated with the 
overpayment of Basic Allowance for Housing (BAH) and Family 
Separation Allowance (FSA). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Finance officials told her she was entitled to BAH and FSA to 
support her dependent daughter who was unable to accompany her 
on her overseas assignment. She requested BAH and FSA 
entitlements, which were subsequently approved by HQ PACAF, only 
to be told later she was not entitled. Through no fault of her 
own and as a result of conflicting and vague guidance on behalf 
of officials within the finance office, she was overpaid 
approximately $7,000.00. She is now being made to pay back the 
debt after she spent the funds in support of her dependent. 

 

In support of her request, the applicant provides an expanded 
statement and a copy of her DD Form 2789, Waiver/Remission of 
Indebtedness Application, with attachments. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant is currently serving in the 
Regular Air Force in the grade of technical sergeant (E-6). 

 

On 11 Feb 10, the applicant requested remission of the debt 
incurred due to the overpayment of BAH and FSA, citing a 
financial hardship and miscounseling as the basis of her 
request. 

 


According to an Administrative Report by the Air Force Office of 
Remissions, the applicant was assigned overseas due to a 
permanent change of station (PCS) with one of her dependents 
while the other dependent remained in the Continental United 
States (CONUS). She started to receive BAH and FSA for her 
dependent in the CONUS, but was not entitled to these payments. 
The Air Force Remissions office recommended denial of the 
applicant’s request, noting that her separation from her 
dependent was not due to medical reasons and therefore was not 
the fault of the Air Force. Although she may have been advised 
she was entitled to these payments, she previously signed a 
statement indicating she was aware of no reason her dependent 
would not be able to travel with her on her overseas assignment. 
Therefore, she should have reasonably known that she was not 
entitled to these additional payments as her separation from her 
dependent in the CONUS was not the fault of the Air Force. 

 

On 6 May 10, the Office of the Secretary of the Air Force 
determined the collection of the applicant’s debt was in the 
best interests of the Air Force and denied her request for 
remission. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

SAF/MRBE indicates there is no evidence of an error on the part 
of the applicant in that it appears she relied on the expertise 
of the finance office in submitting her initial claim for BAH 
and FSA. She contends that finance officials misinformed her 
regarding her BAH and FSA entitlements. However, they later 
found a discrepancy in her record causing them to research her 
entitlement. Upon completion of the research, she was levied a 
debt in the amount of $7,040.77. She subsequently filed a 
request for a remission of said debt which was denied. The 
remission case was reviewed and decided upon on its own merit. 
This included a determination of remittance and collection 
amounts and the applicant’s repayment schedule amount. 

 

A complete copy of the SAF/MRB evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the SAF/MRB evaluation was forwarded to applicant on 
18 Nov 11 for review and comment within 30 days (Exhibit D). 
However, the evaluation was subsequently returned as 
undeliverable. 

 

On 5 Jan 12, the applicant notified the Board staff of her new 
mailing address and requested that her case be administratively 
closed until such time as she was prepared to respond to the 
evaluation rendered in her case. On 10 Jan 12, the applicant’s 


case was administratively closed and the SAF/MRB evaluation was 
dispatched to her new address for review and comment within 30 
days (Exhibit E). On 12 Jan 12, the applicant requested that 
her case be reopened (Exhibit F). 

 

________________________________________________________________ 

 

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 an error or injustice. After 
careful consideration of applicant's request and the available 
evidence of record, we are persuaded that corrective action is 
warranted. While it is clear the applicant was inadvertently 
allowed to collect basic allowance for housing (BAH) and family 
separation allowance (FSA) during her overseas assignment, we 
are not convinced that said overpayment resulted from an error 
or omission on the part of the applicant. In our view, the 
evidence before us indicates the applicant acted in good faith 
based on the advice she received from local finance officials, 
which was confirmed by major command (MAJCOM) finance officials 
before the noted payments were authorized. Even though the 
overpayment resulted in a legitimate debt to the government, we 
believe it would be an injustice to require the applicant to 
reimburse the government, particularly when it appears that she 
exercised due diligence in verifying her entitlement before the 
payments were authorized. Therefore, we recommend her records 
be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that her 
request for remission of her debt of $7,040.77 arising from the 
overpayment of Basic Allowance for Housing (BAH) and Family 
Separation Allowance (FSA) was approved by competent authority. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02839 in Executive Session on 7 Aug 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02839 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRB, dated 31 Oct 11. 

 Exhibit D. Letter, AFBCMR, dated 18 Nov 11. 

 Exhibit E. Letter, AFBCMR, dated 10 Jan 12. 

 Exhibit F. Letter, Applicant, dated 12 Jan 12. 

 

 

 

 

 

 Panel Chair