| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. Stanley Kelley | Member |
APPLICANT REQUESTS: In effect, remission of a debt ($2065) incurred as a result of advance pay for a security deposit.
APPLICANT STATES: In effect, that in January 1995 she received advance pay in the amount of $2065 for a housing rental deposit in Germany. She contends that she lived in the same residence for three years; however, she did not receive her security deposit back from her landlord because he left the country without a forwarding address and went bankrupt. She also contends that she has attempted numerous times to have this corrected with three different finance units. In support of her application, she submits a Memorandum for Record, dated 20 February 2002.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant is currently serving as a nurse in the Regular Army in the rank of captain.
The applicant received an advance payment of $2065 for a housing rental deposit.
In the processing of this case an advisory opinion was obtained from the Chief Policy and Liaison Procedures Branch Systems Liaison and Procedures Office of the Defense Finance and Accounting Service in Indianapolis, Indiana. That office recommends denial of the applicant’s request.
The advisory opinion points out that the applicant received an advance payment for a security deposit in accordance with the Department of Defense Financial management Regulation (DODFMR), Volume 7A, Chapter 26, paragraph 260109. The opinion also points out that the Department of Defense Financial Management Regulation, Volume 7A, Chapter 26, paragraph 260109C states, “Any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.” The opinion further states that the applicant received an advance payment for a security deposit for housing that she occupied and that there are no regulatory procedures that would allow the applicant not to be required to repay the advance payment. Therefore denial of the applicant’s request is recommended.
The advisory opinion was furnished to the applicant for review and possible rebuttal. The applicant did not respond within the given time frame.
Department of Defense Financial Management Regulation, Volume 7A, paragraph 260109C states that any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.
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. The applicant received an advance payment of $2065 for a security deposit for housing that she occupied for three years.
2. The Board considered the applicant’s contention that she never received her security deposit back from her landlord because he left the country without a forwarding address and went bankrupt. However, the governing regulation states, “Any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.” Therefore, there is no basis for granting the applicant’s request for remission of this debt.
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 that would satisfy this requirement.
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
RVO___ JPI____ SK______ DENY APPLICATION
| CASE ID | AR2002069651 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020718 |
| 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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