RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02425 INDEX CODE:	128.10
XXXXXXXXXXXXXX	COUNSEL:	
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be released of his debt in the amount of $39,829.97.

APPLICANT CONTENDS THAT:
He was entitled to receive per diem payments while activated away from his home of record (HOR) in support of Operation Enduring Freedom. On 14 Feb 03, while completing C-141 Flight Engineer training, he received his activation orders which terminated his training orders along with the requirement that he maintain a local address while in training. In an administrative error, his activation orders listed his HOR at the temporary residence in the Dayton, OH area that he had established only for his C-141 training. With his command's approval, he had his orders amended to reflect his actual HOR in Pennsylvania (PA). Due to the extended nature of the activation, he was allowed to utilize lodging funds to maintain an apartment in OH. During his time of activation, he was entitled to Basic Housing Allowance (BHA) for the PA area, to maintain his HOR. He was also entitled, per the JFTR and Secretary of the Air Force guidance, to receive per diem for his local apartment in Dayton, OH.

An investigation was conducted by the Office of Special Investigations (OSI) and the Defense Finance and Accounting Service (DFAS). Both organizations maintain that he fraudulently had his orders amended listing PA as his HOR in order to obtain additional benefits. They found the debt valid based on the alleged fact that he maintained a "permanent home of residency" in OH during the time in question. The OSI relied on the fact that he lived in the local area prior to his mobilization in order to conclude he committed fraud. The OSI report of investigation did not lead to any criminal actions or conclusions that would lead one to believe he committed any wrongdoing. The debt has been a terrible burden on his family, causing undue stress, monetary hardship and a decision to leave the military. The total amount that has been confiscated to date has been about
$23,000.00. Most of this payment has come from travel vouchers where he was expecting to be reimbursed to cover various expenses during his military duty. It has now become cost prohibitive for him to stay in the military. He respectfully requests that the Board correct this injustice and find the debt to be invalid and unjust.

In support of his request, the applicant provides his counsel's brief, a copy of the AFPC/DPRR email regarding per diem entitlements and three witness statements.

Applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently a non-participating Reservist assigned to the Obligated Reserve Section.

On 6 Nov 06, the applicant requested remission of indebtedness for $39,829.97. On 28 Feb 07, SAF/MRB denied the request.

Information extracted from the available records reflects the applicant's debt  of $39,829.97 resulted from the erroneous payment of per diem from 14 Feb 03 through 31 Jul 05.

He was ordered to "activation for school tour" on 20 Mar 02. His order reflected "In Place WPAFB" for 536 days and he was authorized PCS entitlements. In February 2003, he was ordered to activation in support of Operation ENDURING FREEDOM. His address at the time listed Trotwood, OH, where he had lived since March 2002.

He subsequently had his activation orders amended to reflect an address in Pennsylvania as his home of record, which resulted in his entitlement to per diem including reimbursement for rented quarters in Ohio in addition to his basic allowance for housing.

An OSI investigation was initiated into allegations that members of his unit, to include the applicant, defrauded the government by changing their addresses to an address outside a 50 mile radius in order to receive per diem. In his case, the investigation determined that he moved from Trotwood, OH to Centerville, OH with a woman from the local area to whom he paid rent. He later married the woman and continued to claim rent, utilities and cleaning costs for the apartment he shared with his spouse.

An audit performed by the Air Force Audit Agency determined that the applicant received $24,544.35 in overpayment based on travel vouchers filed. For an accounting of the facts regarding the overpayment of per diem, see the remission package at Exhibit B.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
1.	
2.	The application was timely filed.

3.	I nsuf f i ci ent	r el evant	evi dence	has	been	pr esent ed	t o	
demons t r at e	t he	exi st ence	of	er r or	or	i nj ust i ce.	After	a	
thorough review of the evidence of record and counsel's submission, we are not persuaded t hat  t he  i nvest i gat i ve  f i ndi ngs of  t he  OSI  wer e  er r oneous  or  t hat   t he  det er mi nat i on  t hat   he  was not  ent i t l ed  t o   r ecei ve   bot h   housi ng   al l owanc e   and   per   di em dur i ng  t he  per i od  i n  quest i on  was  i mpr oper .     While we are not in a position to determine whether the applicant deliberately defrauded the government, we are not persuaded by counsel's assertions that he acted in good faith when he received what was determined by appropriate reviewing authorities to be double compensation for his quarters. Accordingly, it is our opinion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice in this case. In the absence of persuasive evidence to the contrary, we find no compelling basis upon which to recommend granting the relief sought in this application.

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 Docket Number BC- 2008-02425 in Executive Session on 2 Oct 08, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02425 was considered:

Exhibit A.	DD Form 149, dated 11 Jun 08, w/atchs. Exhibit B.	Remission of Indebtedness, dated 28 Feb 07,
w/atchs.
Exhibit C.	OSI Report of Investigation, dated 21 Dec 04 (withdrawn).