RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04925

	  	COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The debt resulting from an erroneous established pay date be cancelled.  



APPLICANT CONTENDS THAT:

He should not be penalized for someone else’s error which inaccurately awarded him constructive credit.  Unbeknownst to him, his pay date was mistakenly calculated through his military personnel flight or Air National Guard, resulting in him erroneously receiving higher pay.  He did not discover the error until he made an inquiry regarding his mandatory separation date (MSD).  

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 colonel (O-6).  

On 6 Jan 14, the applicant was notified that his pay date was verified and adjusted in the Military Personnel Data System (MilPDS) from 17 Sep 83 to 17 Sep 97.  However, the Defense Finance and Accounting Services (DFAS) indicated there was currently no associated debt as a result of this error.  In addition, prior to his submission to the Air Force Board for Correction of Military Records (AFBCMR); DFAS must establish if there is a debt, notify him of the debt, and provide the course of actions available to him to resolve the issue.  If he cannot resolve the issue with DFAS by way of the available administrative remedies, he should resubmit his request for a resolution.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  



AIR FORCE EVALUATION:

ARPC/DPA recommends that once a debt has been established by DFAS and the applicant has been notified, he should request debt relief through DFAS.  If final disposition is not to the applicant’s satisfaction then he may resubmit his request, with supporting documentation, to the AFBCMR.  In this case, the applicant enlisted into the Air Force Reserve Officers Training Corps (AFROTC) program on 28 Aug 74 but was disenrolled and discharged on 12 Sep 75 prior to commissioning.  The applicant remained in a civilian status for the period of 13 Sep 75 through 16 Sep 97.  He was approved for a direct appointment as a medical officer to the ANG with a commissioning date of 17 Sep 97.  In the process of verifying his MSD, it was discovered that his pay date was in error.  It appears that at the time of appointment into the ANG, he was erroneously awarded 14 years constructive credit toward his pay date establishing the date of 17 Sep 83.  In accordance with DoD Financial Management Regulation 7000.17, the applicant does not meet the requirement to be eligible for any constructive credit toward his pay date and should not have been awarded this additional credit.  His pay date was subsequently corrected and as such a debt for overpayment should be created.  However, DFAS has indicated, as of this date, no debt for overpayment has been established.  Before a recommendation can be made, DFAS must establish a debt has occurred, the applicant is advised of the debt, and he be made aware of his right to appeal the validity of the debt or to apply for a waiver.  In accordance with DoD 7000, the applicant will be given the opportunity to apply for a waiver of a claim arising out of erroneous payments under 10 U.S.C. § 2774.  The applicant will be required to forward such applications through his servicing finance office to DFAS.  Also, request to suspend collection pending action on a waiver request can be processed under the same regulation.  The applicant will have 30 days from the date of the letter to respond.  If no response is received, DFAS will initiate appropriate collective action.  Since there has been no debt for overpayment established as of this date, there is nothing for the AFBCMR to correct at this time.  If the Board agrees with the recommendation, the applicant should be notified of his responsibility to resolve this issue with DFAS by way of the suggested administrative remedies.  If the Board disagrees with the recommendation, DFAS should be notified to stop all recoupment actions since the applicant is not at fault.  

A complete copy of the ARPC/DPA 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 11 Aug 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).  



THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

2.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued.  To request the waiver of a debt associated with an erroneous payment, the applicant should request review from his Base Finance Office and consideration through DFAS prior to applying to the AFBCMR.  In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application.  



THE BOARD DETERMINES THAT:

The applicant be notified that he has not exhausted all available avenues of administrative relief prior to submitting his application to the AFBCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.  



The following members of the Board considered AFBCMR Docket Number BC-2013-04925 in Executive Session on 7 Oct 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member
Due to the retirement of has agreed to sign as Panel Chair.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04925 was considered:

	Exhibit A.  DD Form 149, dated 30 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPA, dated 13 Jan 14.
Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 14.