RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01701 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His debt in the amount of $10,143.17 be waived. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. The debt resulted from gross negligence by the 316 CPTS (Finance) personnel and is through no fault of his own. 2. In a letter to the 316 CPTS/CC, he requested a waiver of his indebtedness for excess entitlement payments since he arrived to Andrews AFB on 6 Jul 09. By way of background, he in-processed with finance in his office, the finance representatives interviewed him, completed his voucher, and took possession of his original receipts. His secretary scheduled the appointment and witnessed the clerks completing his paperwork. 3. On 14 Jul 10, the AFDW/A800 called him to inform him that he had apparently never filed his PCS travel voucher and was accordingly never properly in-processed to the base. He was told that he had been erroneously receiving stateside Cost of Living Allowance (COLA) and an excessive Basic Allowance for Quarters (BAQ), which resulted in a debt. 4. His Date Arrived Stationed (DAS) reflects his proper date of 6 Jul 09, which updated within a month of his arrival; therefore, he thought he had been properly gained to his new unit. 5. On 10 Sep 10, after meeting with the 316/CPTS/FMAA to discuss his debt, he learned his total accrued debt was $10,143.70. During this meeting the finance representative apologized repeatedly for the negligence exhibited by his staff and agreed that this debt was incurred through no fault of his own. The representative also mentioned that the collection of the debt would be suspended until a final decision of his case was made by the Defense Finance and Accounting Service (DFAS). His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the Regular Air Force in the grade of colonel. The applicant submitted a request for remission of indebtedness to the Air Force Review Boards Agency (SAF/MRB) in the amount of $10,143.70; for overpayment of COLA and BAQ from 6 Jul 09 through 31 Jul 10. SAF/MRB considered the facts of the application, all recommendations, and the matters he submitted and disapproved his request on 21 May 12. SAF/MRB directed the applicant to repay the debt over a 12 month period. As of 21 May 12, the remainder of the debt was $4,497.70. On 9 Jul 12, the Remissions Board (SAF/MRBP) sent the applicant a memorandum notifying him that he could request reconsideration of the remission denial through the Financial Services Office (see Exhibit B). The applicant was informed that the reconsideration request had to be done no later than 30 days from the date he received the memorandum. As of this date, SAF/MRBP has not received a response. _________________________________________________________________ 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 error or injustice that would warrant a waiver of his debt. We find no evidence of error in this case and after thoroughly reviewing the documentation provided in support of his appeal, we do not believe the applicant has suffered an injustice. We are not persuaded by the evidence presented that the Remissions Board determination in this matter was erroneous, arbitrary or capricious. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-01701 in Executive Session on 7 May 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated, w/atchs. Exhibit B. Applicant's Master Personnel Records.