RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02619 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her debt which resulted from receiving Basic Allowance for Housing (BAH) with dependent rate from 31 Mar 10 through 30 Apr 12 be cancelled. APPLICANT CONTENDS THAT: 1. She has a $9,756.00 debt because her BAH has been incorrect since 31 Mar 10. The reason for the debt is due to several errors on the part of the Comptroller Squadron; however, she was not aware of these errors. Specifically, she did not know her husband’s records were coded as if he were married to a civilian. Because of this code, they were both receiving the BAH with- dependent rate. She did not have any knowledge of a pay discrepancy until 4 Mar 13 when a comptroller technician contacted her husband and asked if he was married to an active duty military member and if they had children. 2. According to the Federal Travel Regulation (JFTR), they are not allowed to both receive a with-dependent BAH rate. All of her husband’s records show that he is married to a military member; however, the only record that did not reflect the correct information was the finance record. Additionally, in August 2011, a senior airman from the finance office performed an internal audit of her husband’s BAH status and recertified the with- dependent rate as being legal. There were three separate occasions where the clerical errors and misinterpretations of the JFTR could have been identified and corrected. 3. The JFTR, Paragraph U10206 DEPENDENT SUPPORT, Part C, Section 2, states “When each member has legal and physical custody of one or more of the children of the marriage, each member is authorized a housing allowance for the children in their custody, regardless of child support payments from one member to the other.” Because her husband shares legal joint and physical custody of his children (who do not reside in government quarters), they were under the impression he should receive with-dependent BAH rate. It was not their intent to defraud the government by taking unauthorized money. They just did not know their records were incorrect until March 2013. 4. Initially, her and her husband had a debt that totaled $14,000.00; however, the finance office has since removed her husband’s debt; leaving her with the $9,756.00 debt. She completed a remission package and a financial hardship package with the hope of getting the debt removed; however, it will most likely not be approved as they are only allowed to claim the minimum payments on their consumer debt. This debt will not only significantly lower her monthly paycheck it will also keep her family’s current debt from being paid off because they are forced to pay minimum payments. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of technical sergeant. On 5 Feb 14, the Secretary of the Air Force Remissions Board (SAF/MRBP) reviewed the applicant’s request for remissions of indebtedness and determined that not knowing that military to military parents cannot both receive with-dependent rate BAH when residing in the same household was not a valid reason for remission; therefore, her request was denied. Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the Defense Finance and Accounting Service. AIR FORCE EVALUATION: DFAS-IN recommends approving the applicant’s request based on the Joint Federal Travel Regulation (JFTR) that states the applicant was entitled to the with dependent BAH rate based on the custody of her dependent children. When the discrepancy was discovered, the determination of the field was to indebt the applicant for overpayment of BAH with no adjustment to her spouse’s entitlements, which is in direct opposition to the stated regulation. The complete DFAS-IN evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Nov 13 a complete copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. ADDITIONAL AIR FORCE ADVISORY: In an undated letter DFAS-IN provides a revised advisory. DFAS-IN recommends denial. When a service member (SM) is married to another SM only one can receive BAH w/dep. The other can only receive BAH without/dep. Per Joint Federal Travel Regulation (JFTR) Chapter 10 the applicant was entitled BAH W/O Dependent based on the custody of her dependent children. The applicants spouse should have been receiving BAH/W/Dependent rate for member married to member. When the discrepancy was discovered, the determination of the field was to indebt the applicant for overpayment of BAH with no adjustment to her spouse’s entitlements. It is their opinion that the applicant should be paid BAH w/out Dependent rate. The complete DFAS evaluation is at Exhibit D. APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: The applicant responded via email stating that she has nothing further to add in response of the revised DFAS-IN advisory opinion. The applicant’s complete submission 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. After thoroughly reviewing the evidence of record and the applicant's complete submission, we are persuaded relief is warranted. We note the comments of the DFAS revised advisory, which indicates that per Joint Federal Travel Regulation (JFTR) Chapter 10, the applicant was entitled to BAH w/o Dependent based on the custody of her dependent children. The applicant states, and we believe, that she did not know her husband’s records were incorrectly coded and that there was no intent to defraud the government. We believe this was simply a case of the applicant relying to her detriment on the incorrect representations of the Comptroller Squadron. Accordingly, it is in the interest of justice to cancel the applicant’s debt due to receiving BAH w/dependent from 31 March 2010 through 30 April 2012. We believe this constitutes full and equitable relief based on the total circumstances of this case. Therefore, we recommend the applicant’s record 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: a. On 6 February 2014 she appealed the decision in her case at the Air Force Remissions Board. b. On 7 February 2014, acting under authority delegated under 10 U.S.C. § 9837, I granted her appeal and remitted her indebtedness, incurred as a result of the overpayment of Basic Housing Allowance, in the amount of $9,756.00. The following members of the Board considered AFBCMR Docket Number BC-2013-02619 in Executive Session on 22 Apr 14 and 21 Oct 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 May 13, w/atchs. Exhibit B. Letter, DFAS-IN, undated. Exhibit C. Letter, SAF/MRBR, dated 13 Nov 14. Exhibit D. Letter, DFAS-IN, undated. Exhibit E. Email Communications, Applicant, dated 8 Oct 14. 1