RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01560
		INDEX CODE:  128.10

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive a full refund of $3553.00 that was collected as part of an error for a travel debt.

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APPLICANT CONTENDS THAT:

While on temporary duty with five other individuals to ----- Air Base (AB), Italy, from May 99 to Aug 99, he was initially scheduled to stay on base with entitlement to government meals.  Upon his arrival at ----- AB, he was given a non-availability of government quarters to stay off base.  At this time, he notified the Personnel Readiness Unit and received authorization for two rental cars and commercial meals to maintain team integrity and his orders were immediately amended.  After two weeks, lodging became available and he moved back on base.  Several requests were made to amend the orders to reflect his entitlement to government meals, but were never completed.

In support of his appeal, the applicant provided an expanded statement, documentation pertaining to his travel, including vouchers and orders, and a copy of the Board’s decision involving 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 that the applicant is currently serving on active duty in the grade of senior master sergeant, having been promoted to that grade on 1 Jan 01.  His Total Active Federal Military Service Date (TAFMSD) is 29 Aug 80.

Applicant incurred an indebtedness of $3,553.00 as a result of an erroneous payment of travel pay for his temporary duty (TDY) to Italy from 13 May 99 to 14 Aug 99.  

On 2 Apr 02, the applicant’s request for remission of his indebtedness of $3,553.00 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 $3553.00.  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 for $1,776.50.

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).

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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 do not agree with the office of primary responsibility (OPR) that the applicant should be granted only partial relief.  Based on the available evidence, we believe the applicant made more than a good faith effort to have his orders amended to change his per diem rate on two separate occasions, but the responsible parties failed to do so.  Since, in our view, the applicant exercised due diligence in resolving this matter, we recommend the applicant's records be corrected to reflect he applied for a remission of his indebtedness of $3553.00 and his request was approved by competent authority.  

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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 on 7 Mar 02, he applied for a remission of his indebtedness of $3553.00, incurred as a result of the overpayment of travel pay, and his request was approved by competent authority.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01560 in Executive Session on 29 Jun 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 10 May 04, w/atchs.
     Exhibit B.  Letter, AFRBA Director, dated 2 Apr 02, w/atch.
     Exhibit C.  Letter, AF/DPPCC, dated 20 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM:	SAF/MR
SUBJECT:	AFBCMR Case of , AFBCMR Docket Number BC-2004-01560
I have carefully reviewed all the circumstances of this case and do not agree with the AFBCMR panel’s recommendation to grant the applicant total relief concerning the remission of his indebtedness of $3553.00.
The evidence of record indicates the applicant incurred his indebtedness as a result of an erroneous payment of travel pay for his temporary duty (TDY) to Italy.  When he arrived in Italy, government billeting was not available; therefore, his orders were amended to allow for full per diem for off‑base lodging and commercial meals.  Subsequently, billeting became available and the applicant moved on base and received the commercial rate for his meals while living in government billeting.  
The AFBCMR panel is of the opinion he exercised due diligence in resolving this matter.  However, while it appears he did make a good faith effort, I agree with the office of primary responsibility (OPR) that he should not be absolved of any responsibility.  In this respect, the applicant was knowledgeable of his entitlements and it does not appear he continued to follow up to ensure his orders were properly amended.  Furthermore, there is no evidence he pursued the matter further upon receipt of his travel settlement.  Since he was aware he was receiving monies to which he was not entitled, he should have, at the very least, retained the erroneous funds for eventual refund to the government.
In view of the foregoing, I agree with the OPR that the applicant should only be afforded partial relief.  Accordingly, I direct his request for a remission of his indebtedness be partially approved in the amount of $1,776.50.  In arriving at my decision, I am aware that an earlier panel of the Board granted partial relief in an identical case.

AFBCMR BC-2004-01560

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 on 7 Mar 02, he applied for a remission of his indebtedness of $3553.00, incurred as a result of the overpayment of travel pay, and his request was partially approved in the amount of $1,776.50 by competent authority; and, that he be reimbursed any monies collected in excess of $1,776.50.