RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02839 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be granted a remission of her debt associated with the overpayment of Basic Allowance for Housing (BAH) and Family Separation Allowance (FSA). ________________________________________________________________ APPLICANT CONTENDS THAT: Finance officials told her she was entitled to BAH and FSA to support her dependent daughter who was unable to accompany her on her overseas assignment. She requested BAH and FSA entitlements, which were subsequently approved by HQ PACAF, only to be told later she was not entitled. Through no fault of her own and as a result of conflicting and vague guidance on behalf of officials within the finance office, she was overpaid approximately $7,000.00. She is now being made to pay back the debt after she spent the funds in support of her dependent. In support of her request, the applicant provides an expanded statement and a copy of her DD Form 2789, Waiver/Remission of Indebtedness Application, with attachments. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6). On 11 Feb 10, the applicant requested remission of the debt incurred due to the overpayment of BAH and FSA, citing a financial hardship and miscounseling as the basis of her request. According to an Administrative Report by the Air Force Office of Remissions, the applicant was assigned overseas due to a permanent change of station (PCS) with one of her dependents while the other dependent remained in the Continental United States (CONUS). She started to receive BAH and FSA for her dependent in the CONUS, but was not entitled to these payments. The Air Force Remissions office recommended denial of the applicant’s request, noting that her separation from her dependent was not due to medical reasons and therefore was not the fault of the Air Force. Although she may have been advised she was entitled to these payments, she previously signed a statement indicating she was aware of no reason her dependent would not be able to travel with her on her overseas assignment. Therefore, she should have reasonably known that she was not entitled to these additional payments as her separation from her dependent in the CONUS was not the fault of the Air Force. On 6 May 10, the Office of the Secretary of the Air Force determined the collection of the applicant’s debt was in the best interests of the Air Force and denied her request for remission. ________________________________________________________________ AIR FORCE EVALUATION: SAF/MRBE indicates there is no evidence of an error on the part of the applicant in that it appears she relied on the expertise of the finance office in submitting her initial claim for BAH and FSA. She contends that finance officials misinformed her regarding her BAH and FSA entitlements. However, they later found a discrepancy in her record causing them to research her entitlement. Upon completion of the research, she was levied a debt in the amount of $7,040.77. She subsequently filed a request for a remission of said debt which was denied. The remission case was reviewed and decided upon on its own merit. This included a determination of remittance and collection amounts and the applicant’s repayment schedule amount. A complete copy of the SAF/MRB evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the SAF/MRB evaluation was forwarded to applicant on 18 Nov 11 for review and comment within 30 days (Exhibit D). However, the evaluation was subsequently returned as undeliverable. On 5 Jan 12, the applicant notified the Board staff of her new mailing address and requested that her case be administratively closed until such time as she was prepared to respond to the evaluation rendered in her case. On 10 Jan 12, the applicant’s case was administratively closed and the SAF/MRB evaluation was dispatched to her new address for review and comment within 30 days (Exhibit E). On 12 Jan 12, the applicant requested that her case be reopened (Exhibit F). ________________________________________________________________ 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 an error or injustice. After careful consideration of applicant's request and the available evidence of record, we are persuaded that corrective action is warranted. While it is clear the applicant was inadvertently allowed to collect basic allowance for housing (BAH) and family separation allowance (FSA) during her overseas assignment, we are not convinced that said overpayment resulted from an error or omission on the part of the applicant. In our view, the evidence before us indicates the applicant acted in good faith based on the advice she received from local finance officials, which was confirmed by major command (MAJCOM) finance officials before the noted payments were authorized. Even though the overpayment resulted in a legitimate debt to the government, we believe it would be an injustice to require the applicant to reimburse the government, particularly when it appears that she exercised due diligence in verifying her entitlement before the payments were authorized. Therefore, we recommend her records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that her request for remission of her debt of $7,040.77 arising from the overpayment of Basic Allowance for Housing (BAH) and Family Separation Allowance (FSA) was approved by competent authority. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02839 in Executive Session on 7 Aug 12, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02839 was considered: Exhibit A. DD Form 149, dated 27 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRB, dated 31 Oct 11. Exhibit D. Letter, AFBCMR, dated 18 Nov 11. Exhibit E. Letter, AFBCMR, dated 10 Jan 12. Exhibit F. Letter, Applicant, dated 12 Jan 12.