RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04875 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His indebtedness for a security deposit in the amount of 
$11,288.90 be remitted. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The decision to deny his request for remission of indebtedness 
was based on false statements and hearsay. The decision was 
based on erroneous information obtained by the Air Force 
Financial Services Center (AFFSC) and did not take into account 
the German landlord was outside U.S. jurisdiction for the U.S. 
government or a private citizen such as himself to collect the 
security deposit. The statements about German court proceedings 
were not only erroneous, but were irrelevant, as both United 
States Africa Command (USAFRICOM) and U.S. Army Garrison 
officials approved his out-processing for a permanent change of 
station (PCS) because there were no adverse judgments against him 
or damage to the rental property. 

 

The housing office photographed and videotaped the premises upon 
him exiting the undamaged property and signed a statement that he 
should not be held responsible for his security deposit because 
it likely would not be returned by the landlord. 

 

He requested and was granted approval for a DEROS (Date Eligible 
for Return from Overseas) curtailment to protect his family and 
personal finances. 

 

The evidence he provides clearly show that he did not damage his 
German off-base housing and he should not be held responsible for 
the security deposit due to the extenuating circumstances with a 
dishonest German landlord recommended for “blacklisting” to 
prevent future abuse of American military families. 

 

The specific reasons the applicant believes he has been the 
victim of an error and/or an injustice are contained in his 
complete submission, which is at Exhibit A. 

 

_________________________________________________________________ 

 


STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the grade of 
lieutenant colonel. 

 

The applicant completed an AF Form 1039, Request to Receive 
and/or Extend Repayment of an Advance Housing Allowance. He was 
issued an advanced housing allowance in the amount of 
$11,288.90 for a security deposit on rental property at an off-
post location in Germany. According to the Air Force Remission 
Administrative Report, dated 8 Feb 11, by accepting this advance 
housing allowance, the applicant agreed that he would repay the 
government all monies received by the landlord when vacating 
housing for which this advance was made to the extent that the 
housing allowance has not been previously repaid. He also agreed 
to repay any remaining balance of the advance housing allowance 
not returned by the landlord in full or in 17 monthly 
installments. 

 

Due to a financial hardship caused by inadequate housing, the 
applicant was granted an early return from his joint assignment. 

 

At the time of clearing from his off-post housing the inspector 
stated the home was in perfect condition and there were no 
damages to the rental property. 

 

The applicant applied for remission of the debt and SAF/MRB 
denied his request. Collection of the debt was set at 
$664.06 per month. Details surrounding SAF/MRB’s decision can be 
found in the applicant’s remission paperwork at Exhibit A. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DFAS-JFEAA/IN recommends approval. JFEAA/IN states the applicant 
has fulfilled all the necessary requirements associated with 
insuring return of his security deposit. At no point was he 
remiss in his duty to return his lodgings in less than perfect 
order [sic]. Based on the evidence provided from multiple 
sources he has been the victim of a dishonest landlord. 

 

It is the opinion of JFEAA that the deposit advanced to the 
applicant and paid to his landlord in good faith, be refunded to 
him. 

 

The complete JFEAA/IN evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

 

 


 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 12 Mar 12, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. As of this 
date, a response has not been received by this office (Exhibit 
C). 

 

_________________________________________________________________ 

 

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 
carefully reviewing the applicant’s complete submission, and the 
recommendation of the Defense Finance and Accounting Service, we 
find the evidence presented is sufficient to grant the requested 
relief. In this respect, we note the applicant received a 
security deposit advance to pay for a three month security 
deposit, and when he PCS’d early his security deposit was not 
returned to him by his landlord. By accepting this advance 
housing allowance, the applicant signed a statement that he 
agreed to repay immediately all monies he received when vacating 
the housing for which the advance was made. Based on the 
evidence provided, and the sworn affidavits from the applicant 
and the Stuttgart Housing Office representative, we believe the 
applicant has suffered an injustice and that the debt should be 
remitted. Therefore, we recommend his records be corrected as 
indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that his request for 
remission of indebtedness for his security deposit in the amount 
of $11,288.90 was approved by competent authority. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04875 in Executive Session on 18 Oct 12, under the 
provisions of AFI 36-2603: 

 

 

 


, Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number 
BC-2011-04875 was considered: 

 

 Exhibit A. DD Form 149, dated 3 Dec 12(sic), w/atchs. 

 Exhibit B. Letter, DFAS-JFEAA/IN, not dated. 

 Exhibit C. Letter, SAF/MRBR, dated 12 Mar 12. 

 

 

 

 Chair