RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01413 

 INDEX CODE: 128.12 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His debt payment of $2,356.37, withheld from his pay on 
21 Aug 09, be returned until his DD Form 2789, Waiver/Remission 
of Indebtedness Application, can be properly adjudicated. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The debt payment was unjustly withheld from his Incapacitation 
(INCAP) Pay. He was overpaid in 2006 while mobilized in support 
of Operation IRAQI FREEDOM. He completed a DD Form 2789 and 
received a waiver resulting in one dollar per day being withheld 
from his pay. He was subsequently released from active duty and 
returned to reserve status as an Individual Mobilization 
Augmentee (IMA). In 2009, he was placed on INCAP pay while he 
underwent disability processing for a duty related injury. Upon 
approval of his INCAP pay, he noticed the debt was on his Leave 
and Earnings Statement (LES) and, on the advice of the Reserve 
Pay Office, he initiated another DD Form 2789 on 8 Aug 09. 
Unfortunately, the entire amount of the debt was withheld from 
his first INCAP payment on 21 Aug 09. 

 

In support of his appeal, the applicant provides an expanded 
statement, copies of his DD Form 2789, retirement order, and 
LESs, and correspondence related to the matter under review. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he served in 
the Air Force Reserve in the grade of major (O-4), effective and 
with a date of rank of 8 Jun 05. On 2 Jun 03, he was ordered to 
active duty in support of Operation IRAQI FREEDOM and served 
continuously until 19 Feb 06, when he was released from active 
duty due to demobilization. 


On 31 Jul 09, his name was placed on the Temporary Disability 
Retired List (TDRL), with a compensable disability rating of 
50 percent. He was credited with 8 years, 7 months, and 19 days 
of total active service and 17 years, 10 months, and 4 days of 
total reserve service. 

 

On 6 Jul 10, SAF/MRBR notified the applicant that a thorough 
review of his records at the Air Force Financial Services Center 
(AFFSC) Debt Remission Office (SAF/FMP) revealed there was no 
remission case pertaining to him on file. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DFAS-IN recommends denial, indicating there is no evidence of an 
error or injustice. The applicant’s pay record indicates he 
received Basic Allowance for Housing (BAH) at the with dependent 
rate beyond the effective date of the request for change. The 
debt was twice verified on 20 Apr 06 and 30 Oct 07. 

 

A complete copy of the DFAS-IN evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the DFAS-IN evaluation was forwarded to the applicant 
on 16 Jul 10 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

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 an error or injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of DFAS-IN and adopt their rationale as the basis 
for our conclusion that the applicant has not been the victim of 
an error or injustice. Therefore, in the absence of evidence to 
the contrary, we find no basis 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 AFBCMR Docket 
Number BC-2010-01413 in Executive Session on 4 Nov 10, under the 
provisions of AFI 36-2603: 

 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Sep 09, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, DFAS-IN, undated. 

 Exhibit D. Letter, SAF/MRBR, dated 16 Jul 10. 

 

 

 

 

 

 Panel Chair