RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03273
		INDEX CODE:  128.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His debt to the government in the amount of $5,293.60 for overpayment of Basic Allowance for Housing-I (BAH-I) be cancelled and he be reimbursed monies already collected.

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APPLICANT CONTENDS THAT:

To his knowledge he completed the annual redetermination in October 2002.  He reported to the finance office, filled out the paperwork he was provided and turned it in.  He was later advised that he did not complete the form.  This is a Finance Office error.  He never received the papers DFAS claimed they mailed to him. 

In support of his request, applicant provided documentation associated with his dependency determination and documentation associated with his debt collection action.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 28 Jan 98.  He has been progressively promoted to the grade of staff sergeant having assumed that grade effective and with a date of rank of 1 Jan 03.

Applicant received BAH on behalf of his dependent mother for the period 1 Jan 02 through 31 Aug 02.  On 15 Nov 02, because the applicant did not provide the required documentation to show proof that he provided support to his mother during the period 1 Jan 02 through 31 Aug 02, a debt in the amount of $5,293.60 was established.

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AIR FORCE EVALUATION:

DFAS-POCC/DE recommends approval of one month of BAH for January 2002 and denial of BAH for 1 Feb through 31 Aug 02.  DFAS states collection action was initiated because the applicant did not provide evidence that he supported his mother for the period 1 Jan through 31 Aug 02.  He was sent letters on 28 Aug 02 and 15 Oct 02 advising him of the documentation required to accomplish a redetermination to verify entitlement to BAH-I.  He did not respond.  A third letter was sent on 15 Nov 02 advising him the documentation had not been received and he was not entitled to BAH.  On 4 Dec 03, he was sent an additional letter allowing him 30 days to submit the proper documentation to show proof of support.  He has not provided a written response.  Documentation submitted with his AFBCMR application shows a cancelled check in the amount of $500 dated 3 Jan 02 paid to his mother.  This is the only proof he submitted.  Based on that documentation, DFAS recommends approval of one month BAH for January 2002. 

The DFAS evaluation, with attachments is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 Jan 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 an error or injustice that would warrant some corrective action.  The applicant is requesting that his debt to the government for BAH that he received be cancelled.  He received BAH on behalf of his mother, whom he claimed as a dependent.  Policy in these instances, requires that the applicant periodically provide proof that he is providing financial support to his mother.  The evidence of record supports that he was provided documentation which clearly states what documentation is required as proof of support to his mother.  However, with the exception of a cancelled check showing support during the month of January 2002, he has failed to provide the required documentation.  Therefore, absent the required documentation to show he provided support to his mother during the months of February 2002 through August 2002, we agree with the Defense Finance and Accounting Service that approval of BAH only for the month of January 2002 is warranted.  Therefore, we recommend 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 he was authorized to receive Basic Allowance for Housing, claiming his mother as a dependent, during the month of January 2002.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03273 in Executive Session on 31 Mar 04, under the provisions of AFI 36‑2603:

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

    Exhibit A.  DD Form 149, dated 23 Sep 03, w/atchs.
    Exhibit B.  Letter, DFAS-POCC/DE, dated 19 Jan 04, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Jan 04.

					
								
AFBCMR BC-2003-03273

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 he was authorized to receive Basic Allowance for Housing, claiming his mother as a dependent, during the month of January 2002.