RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04875 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His indebtedness for a security deposit in the amount of $11,288.90 be remitted. _________________________________________________________________ APPLICANT CONTENDS THAT: The decision to deny his request for remission of indebtedness was based on false statements and hearsay. The decision was based on erroneous information obtained by the Air Force Financial Services Center (AFFSC) and did not take into account the German landlord was outside U.S. jurisdiction for the U.S. government or a private citizen such as himself to collect the security deposit. The statements about German court proceedings were not only erroneous, but were irrelevant, as both United States Africa Command (USAFRICOM) and U.S. Army Garrison officials approved his out-processing for a permanent change of station (PCS) because there were no adverse judgments against him or damage to the rental property. The housing office photographed and videotaped the premises upon him exiting the undamaged property and signed a statement that he should not be held responsible for his security deposit because it likely would not be returned by the landlord. He requested and was granted approval for a DEROS (Date Eligible for Return from Overseas) curtailment to protect his family and personal finances. The evidence he provides clearly show that he did not damage his German off-base housing and he should not be held responsible for the security deposit due to the extenuating circumstances with a dishonest German landlord recommended for “blacklisting” to prevent future abuse of American military families. The specific reasons the applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of lieutenant colonel. The applicant completed an AF Form 1039, Request to Receive and/or Extend Repayment of an Advance Housing Allowance. He was issued an advanced housing allowance in the amount of $11,288.90 for a security deposit on rental property at an off- post location in Germany. According to the Air Force Remission Administrative Report, dated 8 Feb 11, by accepting this advance housing allowance, the applicant agreed that he would repay the government all monies received by the landlord when vacating housing for which this advance was made to the extent that the housing allowance has not been previously repaid. He also agreed to repay any remaining balance of the advance housing allowance not returned by the landlord in full or in 17 monthly installments. Due to a financial hardship caused by inadequate housing, the applicant was granted an early return from his joint assignment. At the time of clearing from his off-post housing the inspector stated the home was in perfect condition and there were no damages to the rental property. The applicant applied for remission of the debt and SAF/MRB denied his request. Collection of the debt was set at $664.06 per month. Details surrounding SAF/MRB’s decision can be found in the applicant’s remission paperwork at Exhibit A. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFEAA/IN recommends approval. JFEAA/IN states the applicant has fulfilled all the necessary requirements associated with insuring return of his security deposit. At no point was he remiss in his duty to return his lodgings in less than perfect order [sic]. Based on the evidence provided from multiple sources he has been the victim of a dishonest landlord. It is the opinion of JFEAA that the deposit advanced to the applicant and paid to his landlord in good faith, be refunded to him. The complete JFEAA/IN evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 Mar 12, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, a response has not been received by this office (Exhibit C). _________________________________________________________________ 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 an error or injustice. After carefully reviewing the applicant’s complete submission, and the recommendation of the Defense Finance and Accounting Service, we find the evidence presented is sufficient to grant the requested relief. In this respect, we note the applicant received a security deposit advance to pay for a three month security deposit, and when he PCS’d early his security deposit was not returned to him by his landlord. By accepting this advance housing allowance, the applicant signed a statement that he agreed to repay immediately all monies he received when vacating the housing for which the advance was made. Based on the evidence provided, and the sworn affidavits from the applicant and the Stuttgart Housing Office representative, we believe the applicant has suffered an injustice and that the debt should be remitted. Therefore, we recommend his records be corrected as 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 his request for remission of indebtedness for his security deposit in the amount of $11,288.90 was approved by competent authority. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04875 in Executive Session on 18 Oct 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2011-04875 was considered: Exhibit A. DD Form 149, dated 3 Dec 12(sic), w/atchs. Exhibit B. Letter, DFAS-JFEAA/IN, not dated. Exhibit C. Letter, SAF/MRBR, dated 12 Mar 12.