RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03157 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The debt established as a result of an erroneous transaction be relieved. ________________________________________________________________ APPLICANT CONTENDS THAT: According to the Defense Finance and Accounting Service (DFAS), she completed her service in March 2010. She was, however, in the Air Force Reserves and in basic training until 5 May 2010. Due to this error, her taxes have been garnished. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force Reserves on 19 January 2010. On 19 March 2010, a Medical Evaluation Board referred the applicant to an Informal Evaluation Board (IPEB) for exercised induced asthma. On 22 April 2010, the IPEB found the applicant unfit due to exercise induced asthma and recommended that she be discharged from the Air Force. She was honorably discharged on 5 May 2010. Her narrative reason for separation was listed as disability – existed prior to service. ________________________________________________________________ AIR FORCE EVALUATION: DFAS recommends denial. The applicant claims to have been released from active duty “15 May 2010” based on her DD Form 214, Certificate of Release or Discharge from Active Duty. However, the Debt Management Office requires a signed copy of the completed AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, with block 36, Statement of Tour of Duty, completed and signed. The applicant was discharged by her unit effective 19 March 2010, causing the reported overpayment. Without clear proof of duty performed beyond 19 March 2010, the debt is valid and repayment is required. The complete DFAS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she was told which form she needed to complete and has attempted to get this situation resolved. Her unit told her to contact Lackland as she was on active duty, and Lackland told her to contact her unit. As a result of this error, her taxes have been garnished. This has also placed a negative mark on her credit report. She has provided documentation proving she served until 5 May 2010, to no avail. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 injustice to warrant relief. We thoroughly considered the applicant’s complete submission and the OPR’s recommendation that the established debt is valid. The applicant has submitted official documentation supporting her contention that she was not released from the Air Force until May 2010. Specifically, AF IMT 618, Medical Board Report, dated 18 March 2010 and the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 19 April 2010. We believe the DD Form 214 submitted by the applicant was recorded correctly and find by a preponderance of the evidence that she was released in May 2010. Based on the foregoing, we recommend the record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that Block 38 of the AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, was completed and certified by competent authority effective 5 May 2010 to show that she departed Minneapolis, MN on 19 January 2010 and arrived at Lackland AFB, Texas on 19 January 2010; she departed Lackland AFB, Texas on 5 May 2010 and arrived on 5 May 2010; that the mode of travel was Government Conveyed transportation. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03157 in Executive Session on 14 March 2013, under the provisions of AFI 36-2603: Vice Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jul 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, DFAS-IN, undated. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. Exhibit E. E-mail, Applicant’s Response, 1 Mar 13. Vice Chair