RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01401 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: Her pay and allowances erroneously paid beyond her period of active duty be corrected. ________________________________________________________________ THE APPLICANT CONTENDS THAT: She received a letter of indebtedness in the amount of $3,318.03 which she believes to be incorrect. It states the debt is due to her inactive service from 14 Jun 08 to 15 Jul 08. The applicant indicates that she was inactive during that period; however, she believes the amount of overpayment is inaccurate. In addition, she paid some of the debt for a temporary duty (TDY), in Jun 08, which was not reflected. Her pay documents indicate she was overpaid $2,694.32, plus $351.00 for the Servicemembers Group Life Insurance (SGLI), which would only leave $3,042.32. Most of her pay in Jun 08 was taken away, so the debt should be lower. While she is not sure of the exact amount due, she does have bank statements reflecting many small amounts which should have been applied to the debt. In support of her appeal, the applicant provides a copy of her bank statements, for 14 Jul 08 and 31 Aug 08. The applicant’s complete submission, with attachments is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. ________________________________________________________________ THE AIR FORCE EVALUATION: DFAS-IN recommends partial relief. They note the applicant was released from active duty on 13 Jun 08, but was paid through 15 Jul 08. Based on the debt computation, she has repaid a portion of the debt and has accrued a debt based on SGLI charged beyond the last duty date as a member of the Air National Guard (ANG). Had the applicant repaid the total amount of the debt, the taxes forwarded to the Internal Revenue Service (IRS) would have been offset. As this was not the case, the applicant still is responsible for the taxes and received credit when filing her tax return for tax year 2008. The applicant was overcharged for the SGLI premiums based on the drills she completed, which would not have been the case had she been separated in a timely manner. Therefore, the $351.00 charge should be removed and the debt amount adjusted accordingly. The complete DFAS-IN evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 May 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice warranting corrective action. After a careful review of the available evidence of record and the applicant’s complete submission, we agree with the DFAS office of primary responsibility (OPR) that partial relief be granted. The applicant believes the indebtedness amount of $3318.03 is incorrect. The DFAS OPR agrees that while the applicant received an overpayment resulting from her early release from active duty on 13 Jun 08, she was overcharged for SGLI in the amount of $351.00 for coverage beyond her drill period, which was a result of the delay in processing her separation from active duty. Therefore, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, by competent authority, the debt for Servicemembers Group Life Insurance be offset in the amount of $351.00 and the total debt amount adjusted accordingly. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01401 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Mar 10, w/atchs. Exhibit B. Letter, DFAS-IN, dated 14 May 10, w/atch. Exhibit C. Letter, SAF/MRBR, dated 28 May 10. AFBCMR BC-2010-01401 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, by competent authority, the debt for Servicemembers Group Life Insurance be offset in the amount of $351.00 and the total debt amount adjusted accordingly.