AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-02149 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  Date  of  Rank  (DOR)  for  the  grade  of  technical  sergeant 
(TSgt,  E-6)  be  changed  from  1  Jul  2010  to  29  Mar  2009  to 
decrease a $10,073.67 debt. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  record  should  be  changed  because  it  was  created  through  an 
administrative error by the finance office and through no fault 
of her own. 
 
She  had  numerous  pay  problems  and  her  Leave  and  Earnings 
Statement (LES) reflected varying amounts of pay.  She reported 
these  inconsistencies  to  finance;  however,  her  pay  record  was 
not  audited.    Her  pay  gradually  increased  and  when  it  finally 
became consistent, she assumed the finance office finally got it 
right. 
 
This debt has created a financial hardship and she is the only 
one being punished for this error. 
 
In  support  of  her  request,  the  applicant  provides  copies  of  DD 
Form 2789, Waiver/Remission of Indebtedness Application; DD Form 
594,  Application  and  Authorization  to  Start,  Stop,  or  Change 
Basic  Allowance  (BAQ)  or  Dependency  Determination;  Waiver  of 
Debt  Denial  letter,  Appeal  Decision,  Statement  of  Service 
letter,  SAF/MRB  Remission  of  Indebtedness  letter,  numerous 
electronic communiqués and other voluminous documents in support 
of her request. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  currently  serving  in  the  Air  National  Guard 
(ANG) in the grade of TSgt. 
 

On 25 Apr 2012, SAF/MRB notified the applicant that a remission 
of  her  indebtedness  was  not  in  the  best  interest  of  the  Air 
Force.  
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/A1PP  recommends  denial.    A1PP  states  an  examination  of  the 
applicant’s  submitted  documentation  indicates  she  was  promoted 
by the ANG to the grade of TSgt per ANGI 36-2502,  Promotion  of 
Airmen,  via  Special  Order  AE-30  dated  30  Jun  2010,  with  an 
effective DOR of 1 Jul 2010. 
 
The  debt  resulted  from  Basic  Allowance  for  Housing  (BAH)  and 
Basic Pay overpayments due to an erroneous rank upgrade to TSgt 
when  she  converted  from  temporary  to  permanent  Active  Guard 
Reserve  (AGR)  status.  The  applicant  requested  a  remission  of 
indebtedness  for  $10,073.67,  through  the  Air  Force  Financial 
Services Center Debts and Remissions Branch.  The request for a 
remission was denied because it was not in the best interest of 
the Air Force. 
 
The  Air  Force  Financial  Services  Center  Debts  and  Remissions 
Branch  directed  the  collection  rate  of  $350.00  per  month  for 
seven months until the member's current expired term of service 
(ETS)  date  of  20  Nov  2012.  The  remaining  amount  will  be 
collected as an out-of-service debt as determined by the Defense 
Finance  and  Accounting  System  (DFAS).  The  applicant  was 
informed  that  if  she  re-enlists  or  extends,  the  re-payment 
amount schedule would be adjusted to either the new ETS date or 
a 29 month period at the same monthly rate, whichever is less. 
 
The complete A1PP evaluation, with attachment, is at Exhibit B. 
 
NGB/A1PS  finds  no  error  or  injustice  and  concurs  with  the  A1PP 
advisory opinion. 
 
The complete A1PS evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
On  16  Jul  2012,  copies  of  the  Air  Force  evaluations  were 
forwarded  to  the  applicant  for  review  and  comment  within 
30 days.  As of this date, no response has been received by this 
office (Exhibit D). 
 
________________________________________________________________ 
 

 

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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  an  injustice.    After  thoroughly 
reviewing  the  evidence  of  record  and  the  applicant’s  complete 
submission, we find no basis to change her DOR to the grade of 
TSgt to 29 Mar 2009.  While the applicant was overpaid due to an 
administrative  error,  the  evidence  does  not  support  that  she 
exercised  due  diligence  in  reviewing  her  leave  and  earning 
statement  for  accuracy  or  took  reasonable  actions  after  the 
substantial  increase  in  pay.    In  addition,  changing  the 
applicant’s  DOR  in  the  manner  requested  is  not  an  appropriate 
remedy and would provide TIG credit not afforded to other NCO’s 
similarly  situated.    Therefore,  we  agree  with  the  opinions  and 
recommendations 
primary 
responsibility  and  adopt  their  rationale  as  the  basis  for  our 
conclusion  the  applicant  has  failed  to  sustain  her  burden  that 
she was the victim of an injustice.  Absent persuasive evidence 
she  was  denied  rights,  to  which  she  was  entitled,  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 this application 
in Executive Session on 5 Nov 2012, under the provisions of AFI 
36-2603: 
 
 
 
 

, Panel Chair 
, Member 
, Member 

of 

 
 

 
 

 

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The following documentary evidence was considered in AFBCMR BC-
2012-02149: 
 
    Exhibit A.  DD Form 149, dated 25 May 2012, w/atchs. 
    Exhibit B.  Letter, NGB/A1PP, dated 21 Jun 2012. 
    Exhibit C.  Letter, NGB/A1PS, dated 2 Jul 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 2012. 
 
 
 
 
                                    
                                   Panel Chair 

 

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