RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01907
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

1.  His assignment orders reflect that he served a 24 month 
unaccompanied tour rather than an accompanied tour.  

2.  His debt in the amount of $42,410.64 be waived/remitted.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

From Nov 10 to Nov 12, he was on an accompanied tour to Lajes 
AFB.  However, his family did not join him on this assignment 
because his stepson was unable to obtain a passport.  

While assigned at Lajes AFB, he requested both the Military 
Personnel Flight (MPF) and the finance office take appropriate 
action to reduce his tour length to 15 months.  However, he was 
given conflicting guidance in the matter.  The finance office 
granted him authorization for Basic Allowance for Housing (BAH) 
to support his family stateside while he was overseas.  The MPF 
advised him that his orders would not be changed due to the 
weight allowance of his household goods, even though he made 
them aware that his family did not accompany him on this tour.

As a result of miscommunication between the base agencies and 
himself, he acquired this debt which puts a huge burden on his 
family.  

He understands that he has an obligation to fulfill any and all 
financial obligations; however, he was unaware of the debt and 
did attempt to correct this situation in 2010.  However, he 
recently received a paycheck totaling $188.00.  He’s an         
E-4, trying to support a family of five and cannot sustain the 
financial burden this debt will place on him.

His commander supports relief of the debt.

In support of his appeal, the applicant provides a personal 
statement; letter from his former squadron commander and copies 
of various other financial documents.

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

________________________________________________________________

STATEMENT OF FACTS:

On 31 Dec 12, the applicant was reassigned from Lajes AFB to 
Joint Base Andrews, Maryland.  

Based on information from the Secretary of the Air Force 
Remissions Board (SAF/MRBP), the applicant was paid Basic 
Allowance for Housing (BAH) for his family while stateside, Cost 
of Living Allowances (COLA) for two dependents, and Overseas 
Housing Allowance (OHA), when he should have only received OHA 
at the "with dependent" rate and COLA for himself.  The 
applicant incurred a debt of $71,313.12 which resulted from the 
overpayment of BAH from 3 Nov 10 through 24 Nov 12 in the amount 
of $30,081.18; Dual OHA from 22 Nov 10 through 24 Nov 12 in the 
amount of $39,627.28; and COLA from 3 Nov 10 through 15 Jun 
12 in the amount of $1,604.65.  When the debt was established in 
Mar 13, the finance office paid the applicant OHA at the "with 
dependent" rate in the amount of $44,804.94 and collected 
$42,410.64 which it applied toward the $71,313.12 debt, leaving 
a debt balance of $28,902.48.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPAPP recommends relief of the debt.  DPAPP notes that it 
appears the finance office at Lajes AFB started a dependent rate 
BAH based on the applicant’s verbal confirmation that his family 
would not be joining him at Lajes.  His orders were never 
changed because a formal request was never initiated and 
unfortunately, without knowing all of the facts (amount of 
House-Hold Goods (HHGs) shipped to Lajes), DPAPP were unable to 
determine if they would have approved his tour to be changed to 
an unaccompanied tour.  It does not appear that the applicant 
maliciously tried to deceive the finance office that paid his 
BAH based on his verbal confirmation that his family would not 
accompany him.

The complete DPAPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 15 Aug 13 for review and response.  As of this 
date, no response has been received by this office (Exhibit D).

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends partial relief by remitting $27,297.83 of 
the debt, disapproving remission of the remaining $1,604.65 of 
the debt, and order collection of the debt at the rate of 
$98.93 per month until the debt is paid.  Since the applicant 
has paid $1,208.93 toward the debt, the balance of the debt will 
be $395.72 if the Board agrees with the recommendation.  

The evidence indicates the applicant was erroneously advised by 
the local finance office regarding his entitlements while 
assigned to Lajes AFB.  Based on the erroneous advice, the 
applicant was overpaid for two years.  The evidence indicates 
the applicant did not know he was being overpaid.  Given the 
complexities of the allowances at issue, it is not reasonable to 
expect the applicant, an E-4, to have known he was being 
overpaid BAH and OHA.  However, since his dependents were not at 
Lajes AFB, it was not reasonable for the applicant to believe he 
was entitled to receive a COLA for them.  Since his dependents 
were unable to accompany him, the applicant incurred the expense 
of supporting two households while he was assigned to Lajes 
Field.  Upon reviewing the record, the SAF Remissions Board 
found sufficient extenuation to warrant partial remission based 
upon equity.  The Remission Board found the applicant acted in a 
reasonable manner in relying on the erroneous information he was 
provided by the Subject Matter Experts (SMEs) and he supported 
his dependents when they were unable to accompany him.

The complete MRBP evaluation, with attachment, is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 Apr 14 for review and response.  As of this date, 
no response has been received by this office (Exhibit F).

________________________________________________________________

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 to warrant 
changing the applicant’s assignment orders to reflect that he 
served an unaccompanied tour.  However, in view of the 
circumstances of this case, we believe the relief recommended 
that includes correcting his record to show that the 
indebtedness associated with his unaccompanied tour to Lajes AFB 
was remitted provides him full and fitting relief.  In view of 
the foregoing and in the absence of evidence to the contrary, we 
find no basis to recommend granting this this portion of his 
application.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
partial relief.  After carefully review of this application, we 
agree with the recommendation of the SAF/MRBP and adopt the 
rationale expressed therein as the basis for our decision that 
the applicant has been the victim of an error or injustice.  
Therefore, we recommend the applicant’s record 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 he 
applied for remission of the indebtedness incurred as a result 
of an overpayment of entitlements associated with his 
unaccompanied tour to Lajes AFB.  On 12 February 2014, by 
competent authority, his application was approved in the amount 
of $27,297.83 and the unpaid remaining balance of $395.72 is to 
be paid at a rate of $98.93 per month.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01907 in Executive Session on 15 May 2014, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

Although chaired the panel, in view of her unavailability has 
signed as Acting Panel Chair. The following documentary evidence 
was considered:

    Exhibit A.  DD Form 149, dated 11 Apr 13, w/atchs. 
    Exhibit B.  Applicant’s Available Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPAPP, dated 4 Jun 13.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Aug 13.
    Exhibit E.  Letter, SAF/MRBP, dated 12 Feb 14, w/atch.
    Exhibit F.  Letter, SAF/MRBC, dated 8 Apr 14.




                                   
                                   Acting Panel Chair




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