RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01782 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His out of service debts with the Defense Finance and Accounting Service (DFAS) be cleared and his pay record updated to reflect no out of service debt.

APPLICANT CONTENDS THAT:
He has made numerous attempts with DFAS debt and claims division to get the debt validation documents from the debt originator, but has not been able to succeed.

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

STATEMENT OF FACTS:
On 1 May 07, the applicant was retired from active duty in the rank of Major (O-4), and was credited with 25 years, 7 months, and 24 days of active service.

From 1 Jun 10 through 30 Jun 10, according to information provided by DFAS, the applicant served reserve duty and was paid by DFAS active pay system and received active duty retired pay.

On 1 Oct 10, According to information provided by DFAS, the applicant was promoted to Lieutenant Colonel in the reserve, which shows an increase and differences in pay and debt amounts incurred over the periods following the promotion.

On 1 Jan 12 through 31 Jul 12, according to information provided by DFAS, the applicant served reserve duty and was paid by DFAS active pay system and received active duty retired pay.

On 1 Oct 13 through 31 Dec 13, according to information provided by DFAS the applicant served reserve duty and was paid by DFAS active pay system and received active duty retired pay.

On 31 Dec 14, the applicant was relieved and retired from the Air Force Reserve, and was credited with 31 years and 8 month of total service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), DFAS-JFBEB-CL, which is attached at Exhibit C.

AIR FORCE EVALUATION:
DFAS/JFBEB-CL recommends denial indicating there is no evidence of an error or an injustice. The applicant’s retired military and Reserve pay records are correct and the debts he has incurred are the result of a Reserve pay offset. The offset is required as the applicant is not authorized to receive retired pay and active (Reserve) pay (pay from both systems) for the same period.

The first debt incurred for collection was for reserve duty performed between 1 Jun 10 - 30 Jun 10, for $500.00.

The second debt incurred was for duty performed between
1 Jan 12 - 31 Jul 12, for $7549.12, of which the applicant still owed $4,757.70 for the offset. When a debt is created in the retired pay system and the member reverts to a nonpaying status (retired) the debt is referred to DFAS- CL for collection. The first debt of $500.00 was referred for collection 23 Aug 10 and the second was referred for collection 20 Feb 13.

A third debt was incurred for collection was for duty performed from 1 Oct 13 - 30 Oct 13, for $597.87 and was referred for collection in March 2014.

The applicant received pay from the active pay file for performing reserve duty and also received retired pay from the retired pay system for the same periods of duty which is not authorized.

The applicants military retired pay record is correct. The debt incurred is a result of reserve pay offset. A member is not entitled to collect pay from Active Duty and Retired pay for the same period of time.
A complete copy of the DFAS/JFBEB-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		16		Dec	15	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. 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-2015-01782	in	Executive	Session	on	under	the	
provisions of AFI 36-2603:			
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01782 was considered:

Exhibit A.	DD Form 149, dated 10 Jul 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, DFAS/JFBEB/CL, dated 27 Oct 15. Exhibit D.	Letter, SAF/MRBR, dated 16 Dec 15.