| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: That his debt to the Government be remitted in its entirety.
APPLICANT STATES: That he arrived at Ft. Lee, Virginia, on 8 January 1999, and moved into Government quarters in April 1999 for which he paid $15.00 a month. After a month, he moved into the barracks due to his financial situation. He stayed in the barracks until his permanent change of station in November 2001. When he was clearing post, he learned that as a result of his staying in the barracks, he had been overpaid for 30 months, which resulted in an indebtedness of $14,859.33. On the date of his application in December 2002, he had paid $6,586.49 of the debt. The applicant believes that his debt is the sole result of the Family Housing Office, his command, and the Finance Office overlooking the error in his status and pay.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army in pay grade E-3 on 18 February 1983. He was awarded the military occupational specialty of infantryman, served continuously through reenlistments and extensions, and was promoted to pay grade E-7.
On 20 January 2002, the Defense Finance and Accounting Service (DFAS), sent the applicant’s command a notification. In that notification, it was stated that the applicant had incurred a debt to the Government in the amount of $14,859.33 due to overpayment of Basic Allowance for Housing (BAH) from 6 May 1999 to 30 June 2001.
The applicant was informed of this ruling and opted to request remission of his indebtedness.
The applicant’s commander endorsed his request, stating that it was unfair that the applicant was being penalized for receiving BAH for 30 months when neither his former command nor DFAS informed him that he was not supposed to receive that pay. The applicant’s commander continued that “I truly doubt that in no way was he trying to play the system and get over” and concluded that the applicant did not have the financial means to pay his debt without incurring further financial hardship.
The DFAS then endorsed the applicant’s request for remission of debt. In that endorsement, the DFAS recommended disapproval, stating that a sergeant first class with 19 years of active service should be familiar with basic military pay entitlements. The DFAS continued that when the applicant was divorced, he should have realized that as a divorced soldier residing in Government quarters he was entitled to a reduced housing allowance.
On 26 April 2002, the Total Army Personnel Command (PERSCOM) denied the applicant’s request for remission of his indebtedness.
Army Regulation (AR) 600-4, paragraph 1.13, states that for a debt to be remitted, there must be evidence that the applicant did not know, and could not have known, of the error.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. Since the applicant’s request for remission of indebtedness was denied based upon the assumption that a senior noncommissioned officer with 19 years of service should have known he was receiving BAH in error, that is the issue the Board will consider.
2. In this regard, a career soldier’s housing allowance changes on his or her location (Variable Housing Allowance). As such, the applicant would have known that his housing allowance was not static, that it changed to accommodate his conditions. As such, it is reasonable to presume that a senior noncommissioned officer with 19 years of service would know that his BAH would change when he moved into the barracks. He no longer had any mortgage or rent to pay. Obviously, the Army wasn’t going to provide him the same housing allowance that was provided to him when he was paying mortgages or rent.
3. Therefore, the Board must presume that the applicant knew that an error was being made when he continued to receive full BAH, and did not report that error. This conclusion specifically precludes the remission of the applicant’s debt in accordance with AR 600-4.
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
________ ________ ________ DENY APPLICATION
| CASE ID | AR2002083349 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030624 |
| 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. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040007904C070208
He was told by field grade officer(s) at the Camp Doha, Kuwait FSO (Financial Service Office) he was entitled to BAH-S. c. Finance officers could not agree on the proper interpretation of pay and allowances regulations as they applied to divorced Soldiers and the issue of dependents. The applicant provides: a. The applicant believes because he has a dependent child and pays court- ordered child support to his ex-wife, he should have been entitled to BAH-S while occupying Government...
ARMY | BCMR | CY2012 | 20120004856
The applicant provides: * memorandum requesting sponsorship, dated 14 March 2007 * Orders 191-12, dated 9 July 2008 * Carlson Wagonlit travel itinerary/invoice, dated 29 July 2008 * DD Form 1351-2 (Travel Voucher or Subvoucher), dated 11 August 2008 * DA Form 5960, dated 11 August 2008 * DD Form 2367, dated 11 August 2008 * Orders 301-02, dated 27 October 2008 * letter from the Darton College Office of the Registrar, dated 5 October 2010 * Account summary from Midland Mortgage Company, dated...
ARMY | BCMR | CY2010 | 20100016673
The applicant requests remission or cancellation of his debt to the Government in the amount of $19,452.97. A review of the applicants official records shows that prior to being appointed as an aviator warrant officer, the applicant served as a personnel sergeant responsible for the daily administration and operation of a personnel administration center servicing over 523 Soldiers and civilians in matters related to finance and personnel actions as well as many other types of actions. The...
ARMY | BCMR | CY2012 | 20120014144
Finance instructed me to submit the request and if I was not entitled to receive FSA, Finance would not authorize funding. The evidence of record does not support the applicant's request for full remission or cancellation of a debt in the amount of $28,554.80. The available records show the applicant received erroneous payments of FSA, COLA, HDP, and BAH.
ARMY | BCMR | CY2011 | 20110011765
Application for correction of military records (with supporting documents provided, if any). On 25 May 2011, his company commander submitted a memorandum to the Defense Accounting Office (DAO)/Finance and Accounting Office (FAO) recommending approval of cancellation of indebtedness for the applicant due to financial hardship the debt imposed on the applicant. The evidence of record does not support the applicant's contention regarding documents were missing from the packet he submitted to...
ARMY | BCMR | CY2013 | 20130009793
Had DFAS processed his request, he would not have the debt. The form shows he requested to stop BAQ and that he had been assigned to government quarters. To determine injustice the application must contain evidence that the applicant did not know and could not have known of the error and/or the applicant inquired of a proper authority and was told the payment was correct.
ARMY | BCMR | CY2011 | 20110013839
His pay records at DFAS show he received BAH at the with dependent rate as follows: * 2007 $954.70 * 2008 $1,058.70 * 2009 $1,138.70 11. Single members who are authorized to reside off base at government expense who pay child support are entitled to the full, with-dependent rate housing allowance. Although single members who are authorized to reside off base at government expense and who pay child support are entitled to the full, with-dependent rate housing allowance, the applicant in...
ARMY | BCMR | CY2011 | 20110008085
The opinion states that based on information provided by the applicant and DFAS and in view of the facts surrounding the applicant's debt collection, the recommendation is that the Army Board for Correction of Military Records support the applicant's request and stop collection for overpayment of BAH while deployed and to reimburse him for payments already made. Based on the foregoing, his records should be corrected to show he was authorized BAH up to the date of his release from active...
ARMY | BCMR | CY2003 | 2003090619C070212
The applicant requests cancellation or remission of his debt for overpayment of family separation allowance (FSA). His family separation housing (FSH) and BAH Type II without dependents rate were used to calculate his OHA. The amount of BAH for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status, and the geographical location of the member.
ARMY | BCMR | CY2014 | 20140008485
c. Even after receiving this incorrect information, he still submitted a form to stop receiving BAH, yet it continued. The conclusion of DFAS was he should be responsible to pay back the BAH payments paid to him; however, they ignore the fact he turned in documents properly to include his divorce decree and BAH certifications and worked with unit leaders and the finance office to ensure he was paid correctly. c. The documents he previously submitted establish he was following Army guidance...