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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