RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03157
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The debt established as a result of an erroneous transaction be
relieved.
________________________________________________________________
APPLICANT CONTENDS THAT:
According to the Defense Finance and Accounting Service (DFAS),
she completed her service in March 2010. She was, however, in
the Air Force Reserves and in basic training until 5 May 2010.
Due to this error, her taxes have been garnished.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force Reserves on 19 January
2010. On 19 March 2010, a Medical Evaluation Board referred the
applicant to an Informal Evaluation Board (IPEB) for exercised
induced asthma. On 22 April 2010, the IPEB found the applicant
unfit due to exercise induced asthma and recommended that she be
discharged from the Air Force. She was honorably discharged on
5 May 2010. Her narrative reason for separation was listed as
disability existed prior to service.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial. The applicant claims to have been
released from active duty 15 May 2010 based on her DD Form
214, Certificate of Release or Discharge from Active Duty.
However, the Debt Management Office requires a signed copy of
the completed AF Form 938, Request and Authorization for Active
Duty Training/Active Duty Tour, with block 36, Statement of Tour
of Duty, completed and signed. The applicant was discharged by
her unit effective 19 March 2010, causing the reported
overpayment. Without clear proof of duty performed beyond
19 March 2010, the debt is valid and repayment is required.
The complete DFAS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she was told which form she needed to
complete and has attempted to get this situation resolved. Her
unit told her to contact Lackland as she was on active duty, and
Lackland told her to contact her unit.
As a result of this error, her taxes have been garnished. This
has also placed a negative mark on her credit report. She has
provided documentation proving she served until 5 May 2010, to
no avail.
The applicants complete response is at Exhibit E.
________________________________________________________________
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 injustice to warrant relief. We
thoroughly considered the applicants complete submission and
the OPRs recommendation that the established debt is valid.
The applicant has submitted official documentation supporting
her contention that she was not released from the Air Force
until May 2010. Specifically, AF IMT 618, Medical Board Report,
dated 18 March 2010 and the AF Form 356, Findings and
Recommended Disposition of USAF Physical Evaluation Board, dated
19 April 2010. We believe the DD Form 214 submitted by the
applicant was recorded correctly and find by a preponderance of
the evidence that she was released in May 2010. Based on the
foregoing, we recommend the record be corrected as indicated
below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that Block 38
of the AF Form 938, Request and Authorization for Active Duty
Training/Active Duty Tour, was completed and certified by
competent authority effective 5 May 2010 to show that she
departed Minneapolis, MN on 19 January 2010 and arrived at
Lackland AFB, Texas on 19 January 2010; she departed Lackland
AFB, Texas on 5 May 2010 and arrived on 5 May 2010; that the
mode of travel was Government Conveyed transportation.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03157 in Executive Session on 14 March 2013,
under the provisions of AFI 36-2603:
Vice Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 12, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, DFAS-IN, undated.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
Exhibit E. E-mail, Applicants Response, 1 Mar 13.
Vice Chair
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