APPLICANT REQUESTS:  That he be reimbursed for the cost of textbooks and supplies purchased incidental to his participation in a fully funded Long Term Civilian Education and Training program.  The total reimbursement amount is $286.60.

APPLICANT STATES:  That he was unaware of the procedures involved in requesting reimbursement and, because he did not submit his request in a timely manner, it was denied.

COUNSEL CONTENDS:  NA

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

He is a major serving in the Army Nurse Corps.  On 17 July 1995, he received orders assigning him to a fully funded, Long Term Civilian Education and Training program leading to a Master’s Degree in Nursing Education.  The period of his training was from 20 August 1995 through 19 August 1997.  While attending classes at the University of Northern Colorado, he was assigned to the Student Detachment, United States Army Medical Department Center and School, Fort Sam Houston, Texas.  As a part of his processing, the Student Detachment provided the applicant with a Student Detachment Handbook which explained the various administrative requirement for officers attending long term educational training programs.

The applicant reported to the University of Northern Colorado and, between 24 August and 28 September 1995, purchased textbooks and other services required for his classes.  These purchases were made in Fiscal Year (FY) 1995. The applicant filed a Standard Form (SF) 1034 for reimbursement for these expenses on 31 October 1996 (FY 1997).  Reimbursement was denied because the applicant had not complied with the provisions found in paragraph 7-4 of the Student Detachment Handbook, and paragraph 4-14.A of Army Regulation (AR) 351-3, Professional Education and Training Programs of the Army Medical Department which require students to submit claims for reimbursement in the same Fiscal Year in which they were incurred or not later than 30 days after completion of the training program, whichever occurs first.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Chief, Army Nurse Corps Branch, Total Army Personnel Command.  It states that the applicant was provided information on the proper procedure for requesting reimbursement and should have known about the requirement for filing during the same FY in which the expenses were incurred.  It recommends that the applicant’s request be denied.

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(s), it is concluded:

1.  The applicant knew, or should have known, of the proper procedure for filing requests for reimbursement.  He was provided with a Student Detachment Handbook which outlined the reimbursement process in paragraph 7-4.

2.  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

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