RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC 2003-01000
		INDEX CODE:  128.10

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be reimbursed $635.94 for a debt he incurred as a result of serving two days past his discharge date.

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APPLICANT CONTENDS THAT:

Applicant states that he was on an active duty tour through 30 September 2002, which he completed.  His MPF relieved him from assignment and honorably discharged him effective 28 September 2002.  As a result, he incurred a $635.95 debt payment despite having served through 30 September 2002.  His MPF supervisor failed to inform him that he should have had his orders curtailed on 27 September 2002, thereby preventing an overpayment and suffering the financial loss.  When the MPF supervisor was confronted, he flat out denied failure to provide him with adequate information.

In support of his request, applicant provided copies of his travel orders, travel voucher, and leave and earnings statement.  His complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

During the period in question, applicant was serving with the New Jersey Air National Guard in the grade of lieutenant colonel.

Special Order No: 14, National Guard Bureau, State of New Jersey, dated 21 September 2001, ordered applicant to active duty for the period 1 October 2001 through 30 September 2002.

On 20 July 2002, he submitted a request for retirement based on his mandatory separation date of 30 September 2002.  He requested to be transferred to the Retired Reserve by completing AF Form 131, Application for Transfer to the Retired Reserve.  The AF Form 131 indicated that the applicant would be discharged on 28 September 2002 and transferred to HQ Air Reserve Personnel Center on 29 September 2002, for placement on the retired reserve list on 30 September 2002.

Applicant received active duty pay for the period 28 September through 30 September 2002; therefore, he incurred a debt of $635.94.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states that they contacted New Jersey ANG for information surrounding applicant’s claim that the MPF should have informed him of the need to have his Title 10 tour orders curtailed on 27 September 2002.  According to New Jersey ANG, the issue of the applicant’s orders and pay recoupment did not come up until 4 December 2002 when he contacted the MPF via E-mail requesting to have his orders amended and sent to his finance office.  Since the MPF did not cut his orders, they were unaware that he was serving on active duty and therefore unable to advise him of the need to have his orders curtailed.  The applicant’s orders were cut by his unit, the 108th Aircraft Generation Squadron.

DPPI also states that although applicant’s orders were published on 21 September 2001 with an effective date of 1 October 2001, he completed and signed his AF Form 131 on 20 July 2002, which specifically stated in the remarks section that he would be honorably discharged from the NJ ANG on 28 September 2002, transferred to HQ ARPC on 29 September 2002 and placed on the retired reserve list on 30 September 2002.  Based on this information, applicant was made aware of the actions that needed to take place prior to his mandatory separation date and should not have performed duties past 27 September 2002.

The ANG/DPPI evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 June 2003, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant was ordered to serve an active duty tour through 30 September 2002.  However, he was administratively relieved of his duties, effective 28 September 2002, based on his projected retirement, which was effective 30 September 2002.  As a result, he was overpaid for the period of 28 - 30 September 2002 and incurred a debt of $634.94.  We note the applicant's contention that he served between 28 - 30 September 2002; however, evidence has not been provided which would lead us to believe that he actually reported in and performed his assigned duties during that period.  In the absence of such evidence, we do not believe favorable consideration of his request is warranted.  If he were to provide such evidence, we would be willing to reconsider his application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01000 in Executive Session on 29 Jul 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Mar 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 3 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jun 03.

                                   
                                   Panel Chair