RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04075

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The debt he incurred as a result of being overpaid Basic Allowance for Housing (BAH) while permanently assigned to Keesler AFB, be remitted and canceled.  

APPLICANT CONTENDS THAT:

He received improper advice from his servicing finance and personnel offices prior to his Permanent Change of Station (PCS), which led to the selection of the PCS BAH rate.  Had proper advice been received, he would have selected Permanent Duty Station (PDS) BAH, and PCS entitlements.  

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

STATEMENT OF FACTS:

During the matter in question the applicant was serving in the Air National Guard in the grade of Senior Master Sergeant (E-8).  

On 22 Oct 14, he was called to active duty on Special Order A-I000014 (Title 32), 6 Nov 14 to 19 Apr 15. 

On 1 Jun 15, he was notified by his servicing finance office of a charge against his pay account for $847.20 resulting from overpayment of BAH.

On 4 Aug 16, AFBCMR was advised by the Remissions Board that since the applicant is currently a traditional guardsman on Title 32 orders, and was not in a Title 10 status during the matter in question, the Remissions Board has no authority to grant the relief requested (Exhibit C).   

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 D.    

AIR FORCE EVALUATION:

NGB/FM recommends denial indicating there is no evidence of an error or an injustice.  The applicant has not exhausted all reasonable administrative remedies prior to submitting this application for relief to the AFBCMR.  On 22 Oct 14 the applicant was called to active duty on a Formal Training order.  He performed a permanent duty travel (PDT) from Niagara Falls, NY to Keesler AFB, MS, on 6 Nov 14.  While at Keesler AFB the applicant was paid BAH entitlements based on his home of residence (New York City).   He should have been paid the BAH rate at Keesler AFB, MS.  Once this error was discovered by the applicant’s servicing finance office, they corrected the BAH paid to reflect the correct location (Keesler AFB) which resulted in a debt of $847.20.  The applicant should pursue a waiver of the debt through the Defense Finance and Accounting Service (DFAS), in accordance with AFMAN 65-116, Defense Joint Military Pay System Active Component (DJMS-AC) FSO Procedures.  

A complete copy of the NGB/FM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Sep 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04075 in Executive Session on 15 Nov 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04075 was considered:

	Exhibit A.  DD Form 149, dated 21 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Email, Remissions Board, dated 4 Aug 16.  
	Exhibit D.  Memorandum, NGB/DFMCP3, dated 4 Sep 16.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.