| 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 canceling his indebtedness for the partial amount of $2,580.53
APPLICANT STATES: That the original amount of the debt was $5,161.06, as a result of his receiving basis allowance for housing (BAH) benefits at the “with dependent” rate during basic and advanced individual training. That when he arrived at his first duty station he was informed of the error and immediately submitted the necessary paper to correct the problem. He submitted paperwork along with letters from his chain of command asking for the amount to be cancelled due to no fault of his own. A determination was made to reduce the debt amount from $5,161.06 to $2,580.53. In support of his request the applicant submits a copy of his request for remission/cancellation of the debt.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 26 July 2000 for a period of
2 years in the pay grade of E-3. He successfully completed basic and advanced individual training, and was assigned to Fort Wainwright, Alaska.
In March 2001, the applicant submitted an Application for Remission or Cancellation of Indebtedness for the amount of $5,161.06, incurred as a result of overpayment for BAH.
On 23 August 2001, the U.S. Total Army Personnel Command (PERSCOM), Special Actions Branch, approved the applicant’s request for remission or cancellation of indebtedness in a partial amount of $2,580.53, stating there were no grounds to remit or cancel the remaining portions of the debt on the basis of injustice or hardship.
Department of Defense Military Pay and Allowances Entitlements Manual, states in pertinent part, that a member is entitled to BAH "with dependents," when the member is providing monthly support for a dependent spouse, unmarried child under the age of 21, an unmarried child between the ages of 21 and 23 who is enrolled in a full time course of study at an educational institution, or an unmarried child 21 years of age or older who is incapable of self-support.
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 erroneously paid BAH at the “with dependent” rate in the amount of $5,161.06. However, half of the debt was remitted, leaving a balance of $2,580.53.
2. The applicant’s debt is valid, he was provided money he was not due, and there is no evidence to justify remitting or canceling the remaining amount.
3. 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 to show that there was an error or injustice in this case.
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 | AR2001063724 |
| 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. |
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