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AF | BCMR | CY2011 | BC-2011-01701
Original file (BC-2011-01701.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01701 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His debt in the amount of $10,143.17 be waived. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. The debt resulted from gross negligence by the 316 CPTS 
(Finance) personnel and is through no fault of his own. 

 

2. In a letter to the 316 CPTS/CC, he requested a waiver of his 
indebtedness for excess entitlement payments since he arrived to 
Andrews AFB on 6 Jul 09. By way of background, he in-processed 
with finance in his office, the finance representatives 
interviewed him, completed his voucher, and took possession of 
his original receipts. His secretary scheduled the appointment 
and witnessed the clerks completing his paperwork. 

 

3. On 14 Jul 10, the AFDW/A800 called him to inform him that he 
had apparently never filed his PCS travel voucher and was 
accordingly never properly in-processed to the base. He was told 
that he had been erroneously receiving stateside Cost of Living 
Allowance (COLA) and an excessive Basic Allowance for Quarters 
(BAQ), which resulted in a debt. 

 

4. His Date Arrived Stationed (DAS) reflects his proper date of 
6 Jul 09, which updated within a month of his arrival; therefore, 
he thought he had been properly gained to his new unit. 

 

5. On 10 Sep 10, after meeting with the 316/CPTS/FMAA to discuss 
his debt, he learned his total accrued debt was $10,143.70. 
During this meeting the finance representative apologized 
repeatedly for the negligence exhibited by his staff and agreed 
that this debt was incurred through no fault of his own. The 
representative also mentioned that the collection of the debt 
would be suspended until a final decision of his case was made by 
the Defense Finance and Accounting Service (DFAS). 

 

 

 

 

His complete submission, with attachments, is at Exhibit A. 


 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the Regular 
Air Force in the grade of colonel. 

 

The applicant submitted a request for remission of indebtedness 
to the Air Force Review Boards Agency (SAF/MRB) in the amount of 
$10,143.70; for overpayment of COLA and BAQ from 6 Jul 09 through 
31 Jul 10. SAF/MRB considered the facts of the application, all 
recommendations, and the matters he submitted and disapproved his 
request on 21 May 12. SAF/MRB directed the applicant to repay 
the debt over a 12 month period. As of 21 May 12, the remainder 
of the debt was $4,497.70. 

 

On 9 Jul 12, the Remissions Board (SAF/MRBP) sent the applicant a 
memorandum notifying him that he could request reconsideration of 
the remission denial through the Financial Services Office (see 
Exhibit B). The applicant was informed that the reconsideration 
request had to be done no later than 30 days from the date he 
received the memorandum. As of this date, SAF/MRBP has not 
received a response. 

 

_________________________________________________________________ 

 

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 that would 
warrant a waiver of his debt. We find no evidence of error in 
this case and after thoroughly reviewing the documentation 
provided in support of his appeal, we do not believe the 
applicant has suffered an injustice. We are not persuaded by the 
evidence presented that the Remissions Board determination in 
this matter was erroneous, arbitrary or capricious. 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-2011-01701 in Executive Session on 7 May 13, under the 
provisions of AFI 36-2603: 

 

 , Vice Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Vice Chair 


 

 

 





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