| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, remission or cancellation of indebtedness ($4451.93) incurred as a result of overpayment of Basic Allowance for Quarters (BAQ) without dependents during the period 5 June 1999 through 30 November 2000.
APPLICANT STATES: That this overpayment was an error by the Unit Personnel Administration Center (PAC) and the Finance Support Team, who explained his entitlements and initiated the proper actions. This was at no fault of his own. This is not an area that is common knowledge to even someone in the senior ranks. It is an injustice to repay the remaining partial debt. In support of his application, he submits a Table of Contents with 12 enclosures; a letter, dated 5 February 2001, from the Commanding Officer, 10th Area Support Group; and a letter, dated 5 April 2001, from the Chief, Special Actions Branch, U.S. Total Army Personnel Command.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 29 May 1978 and has remained on active duty through continuous reenlistments. He was promoted to sergeant major on 1 May 2001.
On 5 June 1999, the applicant moved into Government quarters in Okinawa. He continued to receive payment for BAQ without dependents until 30 November 2000.
On 21 December 2000, the applicant was notified of his overpayment for BAQ without dependents during the period 5 June 1999 through 30 November 2000, which totaled $8903.86.
On 3 January 2001, in a sworn statement, the applicant indicates that upon his arrival in Okinawa, he was placed in temporary lodging on Kadena Air Base for approximately 20 days. He was told that he was authorized to live off post or in Government quarters. He decided to move into Government quarters and immediately terminated his temporary lodging allowance and notified his Unit PAC and the Finance Support Team. He was told that based on his status he was entitled to BAQ differential and BAQ without dependents. The BAQ was later changed to Basic Allowance for Housing. He states that he has been receiving what he honestly thought he was his entitled to for nearly 18 months. He would never try to defraud the Army of anything. He relied on his Unit PAC and servicing Finance Support Team to inform him of these entitlements. He had no reason to question the entitlements he was authorized to receive. He is also aware of the unit requirements to review and sign the Commander’s Finance Report, which is processed monthly. At no time did he or his chain of command identify any unauthorized payments.
On 3 January 2001, the applicant executed a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness) based on injustice.
On 5 April 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s application for remission or cancellation of indebtedness in a partial amount of $4451.93. That office determined that there were no grounds to remit or cancel the remaining portion of the debt on the basis of injustice or hardship.
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. Evidence of record shows that the applicant received payment for BAQ without dependents during the period 5 June 1999 through 30 November 2000, a total of $8903.86, while he lived in Government quarters.
2. On 5 April 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s application for remission or cancellation of indebtedness in a partial amount of $4451.93.
3. The Board considered the applicant’s contentions that this overpayment was an error by the Unit PAC and Finance Support Team and was no fault of his own. However, the Board concludes that the applicant was a senior noncommissioned officer with lengthy experience and knew, or should have known, that he was not entitled to payment for BAQ without dependents while he lived in Government quarters.
4. Based on the foregoing, the applicant has not convinced the Board that collection of the remaining portion of the overpayment is unjust or that the overpayment should otherwise not be collected.
5. 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 this requirement.
6. 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____ TAP_____ HBO_____ DENY APPLICATION
| CASE ID | AR2001058650 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011206 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.1000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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