| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his records be corrected by refunding him a debt overpayment of $152.40.
APPLICANT STATES: That the original debt for basic allowance for housing (BAH) overpayment occurred during the pay periods of October, November and December 1999 because finance was using an incorrect duty station zip code. He received the first notice of a debt in February 2000, agreed to the collection of the debt and it was collected in February 2000, however the debt remained on his LES and was not removed. He received a second debt notice in September 2000, submitted a cancellation request on 31 October 2000, which was denied on 5 March 2001.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant received $540.00 for BAH in October, November and December 1999, which was later determined to have been an overpayment of $198.00 which resulted from finance using the incorrect duty zip code.
In the processing of this case an advisory opinion was obtained for the Defense Finance and Accounting Service (DFAS), Policy Team, System Liaison and Procedures Office, which states that the $152.46 represents a balance of an initial total over payment debt of $198.00 due to the overpayment of BAH as the result of a required zip code adjustment. Due to accounting adjustments under the current pay system, it may appear that the applicant repaid the debt in full. However, an accounting adjustment for the debt was posted to his January 2000 leave and earnings statement indicating his new BAH entitlement of $651.00, and a debt adjustment of $198.00 was set up. The accounting adjustment for February 2000 was not able to collect the total $198.00. They collected $45.54, and again set up a debt adjustment for the balance of $152.46, which was suspended for collection action. The applicant was provided a copy of the Advisory Opinion and has not responded.
DFAS recommends disapproval of the applicant’s request stating, the applicant was erroneously paid $198.00 due to the fact that his BAH was paid based on an incorrect zip code which provided him money he was not due. This overpayment does not become money that is due the soldier.
On 9 February 2001, the applicant's request for remission or cancellation of his indebtedness was disapproved, and he was advised to seek prorating of his debt through the Defense Finance and Accounting Office.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was overpaid BAH for the months of October, November and December 1999, as a result of an incorrect zip code.
2. The Defense Finance and Accounting Office computed the applicant’s overpayment to be $198.00, $45.54 of which they recouped in February 2000, leaving a balance of $152.46.
3. The applicant’s indebtedness of $152.46 is valid, and there is no basis to refund him moneys he owed the Government.
4. 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
__FNE __ ___LE___ __TL____ DENY APPLICATION
| CASE ID | AR2001056961 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.10 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001051387C070420
APPLICANT REQUESTS: That his records be corrected by refunding him a debt overpayment of $152.40. He received a second debt notice in September 2000, submitted a cancellation request on 31 October 2000, which was denied on 5 March 2001. In the processing of this case an advisory opinion was obtained for the Defense Finance and Accounting Service (DFAS), Policy Team, System Liaison and Procedures Office, which states that the $152.46 represents a balance of an initial total over payment...
ARMY | BCMR | CY2005 | 20050002348C070206
The evidence of record shows that the incorrect zip code used to determine the applicant's BAH entitlement was input into DFAS in February 2002. Notwithstanding the fact that the incorrect zip code for the applicant's BAH entitlement appeared on her monthly DFAS Military LES each month the evidence of record shows, and the applicant acknowledges, that she failed to initiate administrative action to correct the erroneous zip code for over two years; including a period of 14 months while...
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 | 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 | CY2004 | 040006368C070208
A 13 February 2004 Pay Adjustment Authorization shows that the applicant was overpaid for BAH (basic allowance for housing) in the amount of $23,102.91 from 8 January 1999 to 4 November 2003; and for FSH (Family Separation Housing) in the amount of $223.33 from 10 July 1999 to 16 September 1999. The Commandant of the Noncommissioned Officer Academy at Fort Eustis had previously requested that the applicant’s indebtedness be cancelled, stating that the debt would cause serious hardship for...
ARMY | BCMR | CY2004 | 2004105346C070208
In a 10 September 2003 sworn statement a military pay technician for the United States Property and Fiscal Office (USPFO), North Dakota National Guard stated that information on the applicant, married to an active duty Air Force member, was erroneously loaded [in the finance system] in October 2002 at the BAH with dependents rate. The applicant, herself, however, did not so request in her application to this Board. As a result, the Board recommends that the record be corrected to show that...
ARMY | BCMR | CY2008 | 20080005296
She states that without further information of deployment status of her gaining unit, the orders issuing authority at Fort Lee, advised her to include her son on her orders and that if he did not travel with her to Germany, his concurrent travel orders would be null and void after 60 days and she would have to apply for command sponsorship in order to take him to Germany. The applicant provides in support of her application, a Memorandum for Record from her commander, dated 27 December...
ARMY | BCMR | CY2001 | 2001062175C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant provided a...
ARMY | BCMR | CY2015 | 20150006183
The applicant states the debt was incurred from BAH overpayment from 27 April 2009 to 14 March 2014. The applicant provides: * Partial approval by the U.S. Army Human Resources Command (HRC) * Request to prorate debt with favorable endorsements by the Missouri Army National Guard (MOARNG) * DA Form 3508 (Application for Remission/Cancellation of Indebtedness) * 2009 active duty orders * 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) * Separation Orders 064-284 * DD...
ARMY | BCMR | CY2010 | 20100022844
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * a letter from the U.S. Army Human Resources Command, Alexandria, VA (HRC-ALX) * a DD Form 1172 (Application for Uniformed Services Identification Card - DEERS Enrollment * a DD Form 93-E (Record of Emergency Data) * an SGLV-8286 (E) (Servicemembers' Group Life Insurance Election and Certificate) * a DA Form 3508 (Application for Remission or Cancellation of...