RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03538 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her debt associated with receiving military retirement pay and Department of Veterans Affairs (DVA) monies concurrently be declared void and removed from her records. APPLICANT CONTENDS THAT: She does not have the means to repay an overpayment in large sums, as it will cause a financial hardship. The DVA did not inform the Defense Finance and Accounting Services (DFAS) that she was collecting 60 percent disability in lieu of her Air Force retirement. As soon as she discovered the error, she immediately advised DFAS to stop payments. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 February 2014, the applicant was relieved from active duty and permanently disability retired in the grade of senior airman (E-4) per Air Force Instruction (AFI) 36-3212 with a compensable percentage of 40 percent for physical disability, effective 17 February 2014. The applicant was credited with 4 years, 1 month, and 10 days active service for retirement. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial. The applicant’s military retired pay account has been audited and it is correct. According to Title 38, United States Code, Section 5305, the applicant’s debt cannot be removed. The applicant retired on 17 February 2014 and at that time she was receiving an entitlement from the Department of Veterans’ Affairs (DVA). Her Veterans Affairs (VA) entitlement should have been placed on her account at retirement. However, since her VA entitlement exceeded her gross military retirement pay and was not noted at the time of retirement it caused an overpayment for the period of 17 February 2014 through 30 June 2014, in the amount of $4,229.93. The applicant subsequently advised DFAS on 16 June 2014 to stop her retired pay due to the VA entitlement and a VA waiver was submitted in July 2014. Her retired pay was later suspended and an out of service debt was created. In order to request a more lenient repayment plan, the applicant will need to contact DFAS-IN. A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 September 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We advise the applicant to contact DFAS-IN to request a more lenient repayment plan. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-03538 in Executive Session on 12 November 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 24 August 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, DFAS-JFBE/CL, dated 22 September 2015. Exhibit D.  Letter, SAF/MRBR, dated 25 September 2015.