| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That she be refunded the debt payment and interest which was taken from her pay during the period 1 August 1997 – 30 September 2000.
APPLICANT STATES: That she was told that the money would be refunded once the case was settled. Supporting evidence is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records are not available. The information contained herein was obtained from alternate sources.
Apparently, in 1997 the applicant became indebted to the Government over a basic allowance for quarters (BAQ) issue.
A 15 October 1997 letter from the Commander, Training Support Battalion – Alaska states that it was apparent the applicant did not attempt to defraud the Government. He recommended approval of her request for relief of BAQ repayment and to continue to receive full pay and allowances pending final results of an Inspector General (IG) investigation.
On 21 October 1997, the applicant submitted an Application for Remission or Cancellation of Indebtedness, DA Form 3508-R, for a BAQ indebtedness amount of $5,470.26.
Neither the results of the IG investigation nor the approval/disapproval action on the DA Form 3508-R is available.
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. There is not enough evidence available for the Board to make a determination regarding the applicant’s BAQ indebtedness. She provides no details concerning how the indebtedness was incurred, no commanders’ statements concerning how the indebtedness was incurred. She does not provide the results of the IG investigation or the response to her application for remission or cancellation of her indebtedness. She provides no evidence to substantiate her contention that she was told the money taken fro her pay would be refunded once her case was settled. In the absence of evidence to the contrary, the Board presumes that the debt was properly deducted from her pay.
2. 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
__wtm___ __aao___ __jtm___ DENY APPLICATION
| CASE ID | AR2001059874 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010731 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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