RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01031
		INDEX CODE:  128.10

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His debt of $3315.50 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 an authorization letter, documentation pertaining to his travel, to include vouchers, orders, and receipts, and a copy of a similar case.

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 the applicant is currently serving on active duty in the grade of staff sergeant, having been promoted to that grade on 1 Sep 00.  His Total Active Federal Military Service Date (TAFMSD) is 22 Mar 90.

Applicant incurred an indebtedness of $3315.50 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 2002, the applicant's request for remission of his indebtedness of $3315.50 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 $3315.50.  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.  However, base level personnel should have also known better not to amend the order or to pay per diem not authorized.  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 28 May 04 for review and response.  As of this date, no response has been received by this office (Exhibit D).

A copy of a memorandum from the Assistant Secretary of the Air Force  (Manpower and Reserve Affairs) was provided to applicant on 30 Sep 04 for review and response.  As of this date, no response has been received by this office (Exhibit E).

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 aggressively pursued corrective action 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 $3315.50, incurred as a result of the overpayment of travel pay, and his request was partially approved in the amount of $1657.75 by competent authority; and, that he be reimbursed any monies collected in excess of $1657.75.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01031 in Executive Session on 3 Jan 05, 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 9 Apr 04, w/atchs.
     Exhibit B.  Letter, AFRBA Director, dated 2 Apr 02, w/atchs.
     Exhibit C.  Letter, AF/DPPCC, dated 20 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.
     Exhibit E.  Letter, AFBCMR, dated 30 Sep 04, w/atch.

                                   

AFBCMR BC-2004-01031

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 $3315.50, incurred as a result of the overpayment of travel pay, and his request was partially approved in the amount of $1,657.75 by competent authority; and, that he be reimbursed any monies collected in excess of $1657.75.