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 applicants 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
ARMY | BCMR | CY1996 | 9609791C070209
This resulted in his receiving BAQ and VHA payments to which he was not entitled for a period of approximately 2 1/2 years. Finance Office personnel computed the amount of overpayment of BAQ and VHA at $11,659.42. 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.
ARMY | BCMR | CY2003 | 2003090619C070212
The applicant requests cancellation or remission of his debt for overpayment of family separation allowance (FSA). His family separation housing (FSH) and BAH Type II without dependents rate were used to calculate his OHA. The amount of BAH for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status, and the geographical location of the member.
ARMY | BCMR | CY2001 | 2001064532C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s pay records show that the debt was collected in December 2001. No justification has been established to reimburse the applicant the overpayment collected against this just debt.
ARMY | BCMR | CY2011 | 20110003872
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for Enlisted Members) states Soldiers must make sure their financial accounts are correct. The fact that the applicant was not found guilty of stealing, falsifying documents, or committing other criminal activities to obtain the overpayments has no bearing on whether he was overpaid.
ARMY | BCMR | CY1996 | 9607246C070209
She obtained joint legal custody and the Army paid her BAQ at the with dependent rate from the date of her enlistment. At Fort Sam Houston, finance personnel informed her that she was entitled to BAQ at the with dependent rate provided she could prove sole, or joint, custody of her child. Army finance personnel made a mistake in paying the applicant BAQ with dependents; they should have paid her the with dependent differential, not the entire amount.
ARMY | BCMR | CY1996 | 9609797C070209
Entitlement to special pay is in addition to any other pay and allowances. 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. He certainly was intelligent enough to execute the more favorable ISP agreements and to accept $57,000 worth of payments.
ARMY | BCMR | CY2006 | 20060005554C071029
On 3 August 2005 the applicant made a telephonic inquiry concerning his debt to the Government for overpayment of base pay. The summary of the base pay audit showed the following results: a. during the period from January 2004 through September 2005, the applicant was entitled to $61,937.15 in pay and received $61,937.15, plus an overpayment in base pay of $9,410.89. k. DFAS had failed to adjust the level of his pay which resulted in his being overpaid $9,410.89 in base pay from 1 January...
ARMY | BCMR | CY2005 | 20050002209C070206
The applicant submitted a rebuttal to the debt on 7 January 2002 and a request for remission or cancellation of the debt on 17 January 2002. The advisory opinion was provided to the applicant and he responded to the effect that he disagreed with the response and that not only was the debt incurred because personnel at Fort Riley and the DFAS did not know the regulations and failed to process his rebuttal in a timely manner, he was also entitled to the funds he received. Army Regulation...
CG | BCMR | Other Cases | 2011-089
This final decision, dated January 12, 2012, is approved and signed by the three duly APPLICANT’S REQUEST The applicant asked the Board to correct his military record to show that he is not indebted to the government for over $9,000.00 resulting from an alleged overpayment on travel claims that he submitted during a period of active duty. The letter stated the following: [The applicant’s] travel debt resulted from being paid twice for the same periods of travel in 2004. The Coast Guard...
ARMY | BCMR | CY2012 | 20120014144
Finance instructed me to submit the request and if I was not entitled to receive FSA, Finance would not authorize funding. The evidence of record does not support the applicant's request for full remission or cancellation of a debt in the amount of $28,554.80. The available records show the applicant received erroneous payments of FSA, COLA, HDP, and BAH.