RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00713 INDEX CODE:	128.12
COUNSEL:	NONE HEARING DESIRED: YES

APPLICANT REQUESTS THAT:
He be granted a waiver for a debt of $3,630.03 that he owes to the Air Force for Basic Housing Allowance (BAH) money received in error; original balance was $17,955.06.

APPLICANT CONTENDS THAT:
Due to an administrative error by the Defense Finance and Accounting Service (DFAS), he continued to receive BAH money after moving into base housing on 25 June 2004; however, he did not notice the overpayment until May 2005 when he reviewed his Leave and Earning Statement (LES). He realized there was a BAH debt of $3,453.60 and an advance pay debt of $5,158.60; however, he believed the problem had something to do with receiving six months in back pay for his promotion to master sergeant. He normally does not review his LES; his wife handles the finances for the household.

He contacted the base housing office at Nellis AFB to find out what happened to his request to stop BAH. The housing office believes the finance office misplaced or lost his request. In May 2005, he completed a remission request through the DFAS and in June 2005 was  told  that his request was approved; he considered the matter closed.

In August 2006, he reviewed his LES and noticed $1,411.86 had been deducted from his pay. He contacted the finance office and was told the technical sergeant who worked his request had retired and the request had not been forwarded to DFAS. He resubmitted the remission request which was ultimately denied.

Multiple errors occurred on the part of the Nellis AFB finance office in processing his remission requests.

In support of his request, he provides a personal statement, a copy of an Administrative Report from DFAS, five letters from DFAS, two letters from SAF/MRBR, and a DD Form 2789 (Waiver/Remission of Indebtedness Application). His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of master sergeant.

On 1 September 2006, he applied for a waiver/remission of indebtedness.

On 7 February 2007, an Administrative Report was accomplished to review his request for remission and recommended denial.

On 10 April 2007, SAF/MRB denied his request and established a collection rate of $750.00 a month.

On 13 April 2007, DFAS notified the applicant of MRB’s decision and collection rate. The original debt was $17,364.33; however, since that date DFAS has collected $13,734.30 leaving $3,630.03 as an outstanding debt.

AIR FORCE EVALUATION:
DFAS-IN/JFEAA recommends denial. JFEAA states the applicant was assigned to base housing on 25 June 2004 and continued to receive BAH through 30 April 2005. Although his assertions that it was through no fault of his own and he tried on several different occasions to have the BAH payments stopped; military members are responsible for verifying their LES to ensure accuracy of the information that affects their pay. Military members are also aware that BAH entitlements are to stop when they move into base housing.

The complete DFAS-IN/JFEAA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2009 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 note of
1.	
the applicant's complete submission in judging the merits of this case; however, evidence has not been provided which would lead us to believe that corrective action is warranted. In this respect, finding no evidence that the initial indebtedness was established in error and not being persuaded by his assertions that an injustice exists, it is our opinion that collection of the remaining balance of his debt remains in the best interests of the Air Force. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2008-00713 in Executive Session on 10 February 2009, under the provisions of AFI 36-2603:

Panel Chair Member Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-00713 was considered:

Exhibit A.	DD Form 149, dated 16 September 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, DFAS-IN/JFEAA, dated 22 December 2008. Exhibit D.	Letter, SAF/MRBR, dated 9 January 2009.

Office of the Assistant Secretary

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC