RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01335
		INDEX CODE:128.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His indebtedness to the government in the amount of $7674.65 be waived and he be reimbursed for the four installments of $250 that he has already paid.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Chief, Compensation and Entitlements, AF/DPRCC reviewed the application and recommends denial.  DPRCC agrees with the Defense Office of Hearings and Appeals (DOHA) ruling that the applicant should have been aware that there was no change in the housing allowance upon the arrival of his spouse and that the collection of the overpayment would not be against equity and good conscience, nor would it be contrary to the best interest of the United States (see Exhibit B).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that on his second visit to the finance office, when his spouse inprocessed to the base, the finance technician who updated his pay and allowance information to reflect the fact that she was no longer in the CONUS, failed to update his housing entitlements, which caused the erroneous payments of housing allowance.  It was his third visit in which he reported the error to them.  The advisory makes it seem like finance personnel discovered the error.  

Applicant reiterates that he cannot understand why his waiver request was not approved.  The error was admittedly caused by the finance office and he immediately reported the error when he discovered it.  In doing so, he did not fraud the government, he was not at fault or misrepresented himself in any way, and he acted in good faith.  Since the overpayment was not his fault, and he meets all the requirements for a waiver.  Repayment of the remaining amount will only serve to decrease his faith in the organization that he loves so much.  In these days of challenging retention, high morale should be in the best interest of the Air Force (see Exhibit D).

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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 probable error or injustice.  It is the opinion of the Board majority that the error in the applicant’s pay records, which led to his overpayment of housing allowance, was not a result of any act or misrepresentation on his part.  The Board majority believes that in fact, he promptly reported to the finance office when his spouse arrived and initiated the appropriate action to ensure his pay records were correct; and, he subsequently reported the error in his records immediately after he discovered it.  The Board majority believes that he made every reasonable effort to ensure his pay records were accurate and that the errors in his records were not his fault, but that of the finance technicians.  Accordingly, the board majority recommends that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that for the purpose of computing basic allowance for housing (BAH) entitlements only, his spouse's date of arrival at Aviano Air Base, Italy, was 31 May 2000, vice 4 August 1999.

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The following members of the Board considered this application in Executive Session on 31 Jul 01, under the provisions of AFI 36-2603:

Ms. and Ms. voted to correct the records, as recommended.  Mr. voted to deny the applicant’s request in its entirety and elected to submit a minority report (see Exhibit E).

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Apr 01, w/atchs.
   Exhibit B.  Letter, AF/DPRCC, dated 18 Jul 01, w/atchs.
   Exhibit C.  Letter, SAF/MIBR, dated 29 Jun 01.
   Exhibit D.  Letter, Applicant, dated 12 Jul 01.
   Exhibit E.  Minority Report, dated 1 Aug 01.

                                   
                                   Panel Chair 

AFBCMR 01-01335

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that for the purpose of computing basic allowance for housing (BAH) entitlements only, his spouse's date of arrival at Aviano Air Base, Italy, was 31 May 2000, vice 4 August 1999.

Director
Air Force Review Boards Agency