APPLICANT REQUESTS:  That his indebtedness to the Government be cancelled.

APPLICANT STATES:  That the finance and accounting office (F&AO) made a mistake and discovered it 2 years later.

EVIDENCE OF RECORD:  The applicant's military records show:

On 16 July 1993, the applicant, a Regular Army Senior Noncommissioned Officer, requested and received advance payment for travel to be performed in conjunction with his reassignment to Europe.

On 13 October 1993, finance records show that the applicant was paid for the travel performed without consideration of the prior advance payment, thus causing an overpayment.

On 12 November 1995, after all financial records had been consolidated, the erroneous overpayment was discovered and the applicant billed for the overpayment.

On 20 February 1995, the Commander, Total Army Personnel Command, considering his case on the merits, denied his request for cancellation or remission.

On 20 December 1996, the Defense Finance and Accounting Service, Indianapolis Center, indicated that, for a service member on active duty, time before discovery makes no difference and that financial hardship is not a valid reason for not repaying.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.


2.  In reviewing the evidence presented, it cannot be determined whether the F&AO inadvertently omitted the fact of the advance travel payment or the individual neglected to inform them.  In either case, the fact remains that he accepted and had for his use the money in question.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director