PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002072809


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Ms. Margaret V. Thompson		Member
Mr. Richard T. Dunbar		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

---

2. The applicant requests remission of a debt incurred as a result of overpayment of Basic Allowance for Housing (BAH).

3. The applicant states that upon her arrival at Fort Carson, Colorado, in June 2001, she in-processed there before continuing to her duty station at Hill Air Force Base, Utah. While at Fort Carson, Colorado, she went to the finance office, was entered into the computer and her BAH was set up. She enrolled for BAH in June but did not receive June’s BAH until 31 July 2001. She did not notice the BAH zip code mistake on her Leave and Earnings Statement because she was given BAH for both June and July. When she received her next Leave and Earnings Statement, which was approximately 31 August 2001, she noticed that her BAH zip code was for Fort Carson, Colorado, not Hill Air Force Base, Utah. After speaking with a sergeant, he informed her that he would have the finance office correct it. He called back moments later and said it was corrected. It wasn’t until she received her 30 September 2001 Leave and Earnings Statement that she realized that it had not been corrected. She contends that she took the appropriate steps to rectify the situation, that this overpayment was an unintentional error by the finance office and was no fault of her own. In support of her application, she submits two memoranda, dated 15 March 2002 and 3 December 2001, from her Commanding Officer; DA Form 3508-R (Application for Remission or Cancellation of Indebtedness), dated 14 November 2001; DA Form 2823 (Sworn Statement), dated 26 November 2001; DA Form 200 (Transmittal Record), dated 4 December 2001; DA Form 2142 (Pay Inquiry), dated 16 January 2002; and eight Leave and Earnings Statements covering the period July 2001 through February 2002.

4. The applicant’s military records show that she enlisted on 2 January 2001 for a period of 4 years.

5. At the time the applicant submitted her application to the Army Board for Correction of Military Records, she was serving on active duty in pay grade E-4.
6. Between 1 July 2001 and 30 September 2001, the applicant’s duty station was Hill Air Force Base, Utah.

7. The applicant’s Leave and Earnings Statements for the periods 1-31 July 2001, 1-31 August 2001 and 1-30 September 2001, show a BAH zip code for Fort Carson, Colorado.

8. The applicant’s overpayment of BAH during the period 1 July 2001 through
30 September 2001 totaled $500.00.




9. On 14 November 2001, the applicant executed a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness) based on hardship and injustice. The immediate commander signed this form on 14 November 2001.

10. The applicant provided a memorandum, dated 3 December 2001, from her Commanding Officer recommending approval of her request for remission of debt. He cited that the applicant was a new soldier, fresh out of advanced individual training at her new duty site and that the overpayment was not her fault.

11. The applicant’s Leave and Earnings Statement for the period 1-31 January 2002 shows that a debt was collected in the amount of $420.53.

12. On 20 June 2002, 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 $79.47. That office determined that the applicant’s total debt totaled $500.00 but when her remission packet was submitted only $79.47 was not collected. That office stated that approval of the collected portion of the debt, $420.53, could not be granted based on Army Regulation 600-4, paragraph 1-11(b)(1). That office further recommended favorable consideration of the collected portion of the applicant’s indebtedness because the overpayment was not caused by any action on her part.

13. On 27June 2002, the advisory opinion was provided to the applicant for review and possible rebuttal. However, the applicant did not respond to the Army Board for Corrections of Military Records.

14. The applicant submitted an appeal, dated 10 July 2002, through her chain of command. In summary, the applicant reiterates that her commander recommended remission of her debt prior to the debt being deducted from her paycheck, that her paperwork was lost and that she should not suffer financially because of another person’s mistake.

15. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for Enlisted Members), paragraph 1-11(b)(1), states that the Commanding General, PERSCOM, will not consider the remission or cancellation of a debt repaid or collected before the immediate commander signed the DA Form 3508-R (Application for Remission or Cancellation of Indebtedness). If a debt is paid in part, however, the remaining portion will be considered.




CONCLUSIONS:

1. The applicant received overpayment of allowances for BAH in the amount of $500.00.

2. Evidence of record shows the immediate commander signed the applicant’s DA Form 3508-R (Application for Remission or Cancellation of Indebtedness) on 14 November 2001.

3. The applicant’s pay records show that a portion of her debt, $420.53, was collected during the period 1-31 January 2002.

4. On 20 June 2002, the Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s request for remission or cancellation of her indebtedness in a partial amount of $79.47. That office also states that approval of the collected portion of the applicant’s debt, $420.53, could not be granted based on Army Regulation 600-4, paragraph 1-11(b)(1). This regulation and paragraph states that the Commanding General, PERSCOM, will not consider the remission or cancellation of a debt repaid or collected before the immediate commander signed the DA Form 3508-R. However, the applicant’s debt was not collected before the immediate commander signed her DA Form 3508-R.

5. As such, this regulation and paragraph are not applicable in the applicant’s case.

6. The Board noted the Special Actions Branch, U.S. Total Army Personnel Command recommended favorable consideration of the collected portion of the applicant’s indebtedness. Therefore, it would be equitable to show that the Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s request for remission or cancellation of her indebtedness on 20 June 2002.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that on 20 June 2002 the Special Actions Branch, U.S. Total Army






Personnel Command approved remission or cancellation of the applicant’s $500.00 debt.

BOARD VOTE:

JL______ MVT____ RTD____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002072809
SUFFIX
RECON
DATE BOARDED	20021017
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	128.1000
2.
3.
4.
5.
6.