RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02619
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her debt which resulted from receiving Basic Allowance for Housing 
(BAH) with dependent rate from 31 Mar 10 through 30 Apr 12 be 
cancelled.


APPLICANT CONTENDS THAT:

1. She has a $9,756.00 debt because her BAH has been incorrect 
since 31 Mar 10.  The reason for the debt is due to several errors 
on the part of the Comptroller Squadron; however, she was not 
aware of these errors.  Specifically, she did not know her 
husband’s records were coded as if he were married to a civilian.  
Because of this code, they were both receiving the BAH with-
dependent rate.  She did not have any knowledge of a pay 
discrepancy until 4 Mar 13 when a comptroller technician contacted 
her husband and asked if he was married to an active duty military 
member and if they had children.  

2. According to the Federal Travel Regulation (JFTR), they are not 
allowed to both receive a with-dependent BAH rate.  All of her 
husband’s records show that he is married to a military member; 
however, the only record that did not reflect the correct 
information was the finance record.  Additionally, in August 2011, 
a senior airman from the finance office performed an internal 
audit of her husband’s BAH status and recertified the with-
dependent rate as being legal.  There were three separate 
occasions where the clerical errors and misinterpretations of the 
JFTR could have been identified and corrected.  

3. The JFTR, Paragraph U10206 DEPENDENT SUPPORT, Part C, Section 
2, states “When each member has legal and physical custody of one 
or more of the children of the marriage, each member is authorized 
a housing allowance for the children in their custody, regardless 
of child support payments from one member to the other.”  Because 
her husband shares legal joint and physical custody of his 
children (who do not reside in government quarters), they were 
under the impression he should receive with-dependent BAH rate.  
It was not their intent to defraud the government by taking 
unauthorized money.  They just did not know their records were 
incorrect until March 2013.  

4. Initially, her and her husband had a debt that totaled 
$14,000.00; however, the finance office has since removed her 
husband’s debt; leaving her with the $9,756.00 debt.  She 
completed a remission package and a financial hardship package 
with the hope of getting the debt removed; however, it will most 
likely not be approved as they are only allowed to claim the 
minimum payments on their consumer debt.  This debt will not only 
significantly lower her monthly paycheck it will also keep her 
family’s current debt from being paid off because they are forced 
to pay minimum payments.

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


STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of 
technical sergeant.

On 5 Feb 14, the Secretary of the Air Force Remissions Board 
(SAF/MRBP) reviewed the applicant’s request for remissions of 
indebtedness and determined that not knowing that military to 
military parents cannot both receive with-dependent rate BAH when 
residing in the same household was not a valid reason for 
remission; therefore, her request was denied.

Additional relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the Defense Finance and Accounting Service.  


AIR FORCE EVALUATION:

DFAS-IN recommends approving the applicant’s request based on the 
Joint Federal Travel Regulation (JFTR) that states the applicant 
was entitled to the with dependent BAH rate based on the custody 
of her dependent children.  When the discrepancy was discovered, 
the determination of the field was to indebt the applicant for 
overpayment of BAH with no adjustment to her spouse’s 
entitlements, which is in direct opposition to the stated 
regulation.  

The complete DFAS-IN evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Nov 13 a complete copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days.  
As of this date, no response has been received by this office.


ADDITIONAL AIR FORCE ADVISORY:

In an undated letter DFAS-IN provides a revised advisory.  

DFAS-IN recommends denial.  When a service member (SM) is married 
to another SM only one can receive BAH w/dep.  The other can only 
receive BAH without/dep.  Per Joint Federal Travel Regulation 
(JFTR) Chapter 10 the applicant was entitled BAH W/O Dependent 
based on the custody of her dependent children.  The applicants 
spouse should have been receiving BAH/W/Dependent rate for member 
married to member.  When the discrepancy was discovered, the 
determination of the field was to indebt the applicant for 
overpayment of BAH with no adjustment to her spouse’s 
entitlements.  It is their opinion that the applicant should be 
paid BAH w/out Dependent rate.

The complete DFAS evaluation is at Exhibit D.


APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

The applicant responded via email stating that she has nothing 
further to add in response of the revised DFAS-IN advisory 
opinion.

The applicant’s complete submission 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.  After thoroughly reviewing the 
evidence of record and the applicant's complete submission, we are 
persuaded relief is warranted.   We note the comments of the DFAS 
revised advisory, which indicates that per Joint Federal Travel 
Regulation (JFTR) Chapter 10, the applicant was entitled to BAH 
w/o Dependent based on the custody of her dependent children.  The 
applicant states, and we believe, that she did not know her 
husband’s records were incorrectly coded and that there was no 
intent to defraud the government.  We believe this was simply a 
case of the applicant relying to her detriment on the incorrect 
representations of the Comptroller Squadron.  Accordingly, it is 
in the interest of justice to cancel the applicant’s debt due to 
receiving BAH w/dependent from 31 March 2010 through 30 April 
2012.  We believe this constitutes full and equitable relief based 
on the total circumstances of this case.  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 the APPLICANT be corrected to show that:

	a. On 6 February 2014 she appealed the decision in her 
case at the Air Force Remissions Board.

	b. On 7 February 2014, acting under authority delegated 
under 10 U.S.C. § 9837, I granted her appeal and remitted her 
indebtedness, incurred as a result of the overpayment of Basic 
Housing Allowance, in the amount of $9,756.00.


The following members of the Board considered AFBCMR Docket Number 
BC-2013-02619 in Executive Session on 22 Apr 14 and 21 Oct 14, 
under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 May 13, w/atchs.
	Exhibit B.  Letter, DFAS-IN, undated.
	Exhibit C.  Letter, SAF/MRBR, dated 13 Nov 14.
	Exhibit D.  Letter, DFAS-IN, undated.
	Exhibit E.  Email Communications, Applicant, dated 8 Oct 14.