RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03756
		INDEX CODE:  128.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her debt for overpayment of Basic Allowance for Housing (BAH) be remitted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She entered the Air Force with a civilian spouse and one child.  She was notified that her spouse had filed for a divorce shortly after entering the Air Force.  Upon arrival at her first duty station she was placed in the dormitory on a space-available basis since her orders indicated she was married with a child.  While in-processing she notified the Military Personnel Flight (MPF) and the Finance office that she was pending a divorce.  She was advised that as long as she was providing support for her son she would continue to stay in the dorm and receive BAH.  After her divorce was finalized in September 1999, she provided the MPF and Finance office with a copy of her divorce paperwork.  Her ex-husband has primary custody of their child.  She inquired and was again advised that she was authorized to receive BAH while staying in the dorm as long as she was paying child support.  In January 2001, she received a printout, which indicated she was married but not that she had a dependent child.  She inquired about the problem and was advised that when she updated her information in DEERS, the PC-III database had not updated because of a glitch in the system.  She was later informed by the Finance office that her pay was incorrect and a debt was established.  She submitted a request for remission of her debt.  She had to resubmit her request several times because it kept being lost.  After approximately two years, her request was denied by DFAS stating that she had knowledge that she was being overpaid.  

After the birth of her second child, she and her fiancée went to the Finance office to update the information on her second child.  She was advised since she already had a dependent she would have to add the second child's name to prevent from being paid for two dependents.  The updates never happened.  After she arrived at her next duty station she was informed that she should have been collecting dependent pay as opposed to BAQ-DIFF, a difference of approximately $10 a month.  She was back-paid for the with-dependent pay and a debt was established for the BAQ-DIFF.  

The debt she has incurred has created a financial hardship.  The most current debt has been paid leaving her with the original debt.  She feels she is being financially burdened for years of being misinformed and her case is being mishandled.  

In support of her request, applicant provided a personal statement and documentation associated with her request for remission of indebtedness.  Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Personnel Data System reflects that the applicant enlisted in the Regular Air Force on 27 Jan 99 and has been progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Aug 02.  In January 2001, a debt was established for overpayment of BAH at the with-dependent rate in the amount of $9,420.41.  The applicant was authorized BAH-DIFF (differential) during the period she was receiving BAH at the with-dependent rate and was paid $2,253.  Payment of her debt was suspended from February 2001 through July 2003 pending the outcome of her waiver request.  The current balance of her debt is $4,205.  In July 2003, an additional debt for overpayment of variable housing allowance (VHA) between 1 Jul 01 through 14 Nov 01, in the amount of $1,387 was established.  The balance on that debt is $1,132.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POSS/DE recommends denial.  DFAS states that the applicant reasonably could not expect to receive with dependent spouse BAH after her divorce was final.  Since she was receiving her Leave and Earning Statements (LESs) she had a responsibility to review them and would have seen that she was being paid BAH for a spouse that she did not have.  She should have reported the discrepancy to the finance office.  She also could not expect to receive BAH with dependent spouse BAH when she had no housing costs.  When the debt was discovered in January 2001, she was credited with $2,253.68 for BAH-DIFF.  Even though she was aware that she had a debt for the with-dependent BAH, she did not apply these funds against that debt.  The DFAS evaluation is at Exhibit B.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Dec 03 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the Air Force office of primary responsibility that the applicant reasonably could not expect to receive BAH at the with-dependent rate once her divorce was finalized and that she should have questioned this and reported the discrepancy to her Finance office.  Therefore, the Board majority adopts their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-03756 in Executive Session on 17 Feb 04, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  Ms.  	 voted to correct the record and submits a minority report which is attached at Exhibit D.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Aug 03, w/atchs.
    Exhibit B.  Letter, DFAS-POSS-DE, dated 25 Nov 03.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Dec 03.
    Exhibit D.  Minority Report, dated 23 Feb 04.

								

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.