RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01180
		INDEX CODE:  128.10

		COUNSEL:  NONE

		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His debt of $2903.50 be remitted and all monies that have been collected be refunded.

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APPLICANT CONTENDS THAT:

His travel debt was unjust.

In support of his appeal, the applicant provided documentation pertaining to his travel, to include vouchers, orders, and receipts.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of staff sergeant, having been promoted to that grade on 1 Feb 99.  His Total Active Federal Military Service Date (TAFMSD) is 27 Sep 91.

Applicant incurred an indebtedness of $2903.50 as a result of an erroneous payment of travel pay for his temporary duty to Italy.  When he arrived in Italy, billeting was not available; therefore, his orders were amended to allow for full per diem for off base lodging and commercial meals.  On 31 May 99, billeting became available and the applicant moved on base.  He received the commercial rate for his meals while living in government billeting for the period 31 May 99 through 12 Aug 99.

On 2 Apr 02, the applicant's request for remission of his indebtedness of $2903.50 was considered and denied by the Director, Air Force Review Boards Agency (AFRBA) (Exhibit B).

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AIR FORCE EVALUATION:

AF/DPPCC noted that as a result of non-availability, the applicant's orders were amended to read "Members auth full per diem, for off base lodging and commercial meals to maintain team integrity.  Team is auth two rental cars and reimbursement for fuel."  This amendment was published in error; however, it resulted in the applicant receiving the full meals and incidental rate for the duration of his deployment.  The applicant was aware of this error and requested amendments be published to change the per diem rate on two separate occasions.  Unfortunately, the orders were never changed back.  During a post audit review of his voucher, it was discovered that he was overpaid in per diem in the amount of $2903.50.  He submitted a remission of this debt to the Defense Finance and Accounting Service, which was subsequently denied.

According to AF/DPPCC, the applicant was fully aware of his entitlement and knew that he was not entitled to the increased per diem.  To remedy the error, the applicant asked base personnel for assistance on a couple of occasions to amend his orders that authorized him full per diem.  Unfortunately, base level personnel did not respond to his request.  Therefore, AF/DPPCC recommended that the applicant's records be corrected to reflect that his remission be partially approved.

A complete copy of AF/DPPCC 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 applicant on 11 Jul 03 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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 error or injustice.  After a thorough review of the available evidence, we are sufficiently persuaded that corrective action is warranted.  We are not inclined to provide the total relief requested by the applicant since he was knowledgeable of his entitlements and it does not appear that he continued to follow up to ensure his orders were properly amended.  Nevertheless, since we are of the opinion that he made a good faith effort to resolve the matter, we agree with the recommendation by the Air Force office of primary responsibility (OPR) that the applicant be afforded partial relief.  Accordingly, we recommend that the applicant's records be corrected as set forth 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 he applied for a remission of his indebtedness of $2903.50, incurred as a result of the overpayment of travel pay, and his request was partially approved in the amount of $1451.75 by competent authority; and, that he be reimbursed any monies collected in excess of $1451.75.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01180 in Executive Session on 17 Sep 03, 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 31 Mar 03, w/atchs.
     Exhibit B.  Letter, AF/DPPCC, dated 7 Jul 03.
     Exhibit C.  Letter, AFRBA Director, dated 2 Apr 02, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-01180

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 , be corrected to show that he applied for a remission of his indebtedness of $2903.50, incurred as a result of the overpayment of travel pay, and his request was partially approved in the amount of $1451.75 by competent authority; and, that he be reimbursed any monies collected in excess of $1451.75.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency