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AF | BCMR | CY2012 | BC-2012-05181
Original file (BC-2012-05181.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05181

								COUNSEL: NO

								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

The debt established as a result of an overpayment be remitted.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She should not be penalized for the overpayment she received 
from the Defense Finance and Accounting Service (DFAS).  She 
never received notification that she was overpaid.  In January 
2011, she closed her account, yet DFAS continued to send 
payments.  She does not understand how she is responsible for 
the mistake made by DFAS. 

In support of her appeal, the applicant submits a copy of her 
bank statements.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserves on 16 November 
2010.  She was discharged on 9 December 2010.  Her narrative 
reason for separation was listed as fraudulent entry into 
military service.  She received an entry level separation and 
her service was uncharacterized.  The applicant received bi-
monthly base pay and allowances through 15 January 2011.

________________________________________________________________

AIR FORCE EVALUATION:

DFAS recommends denial.  The applicant contends she was not 
notified of the debt, yet, the bank statements provided shows 
receipt of payment through January.  Each deposit is noted as 
payment issued by DFAS DE.  There is no evidence that the record 
should be corrected.   

The complete DFAS evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 December 2012, for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no 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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we agree with the opinion and the 
recommendation of the DFAS and adopt its rationale as the basis 
for our conclusion and find that the applicant has not been the 
victim of an error or injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend 
favorable consideration of the applicant’s request. 

________________________________________________________________

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-2012-05181 in Executive Session on 23 July 2013, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05181 was considered:

	Exhibit A.  DD Form 149, dated 30 Oct 12, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Record. 
	Exhibit C.  Letter, DFAS-IN, 27 Nov 12.
	Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 12.



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