| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. John T. Meixell | Member | |
| Ms. Linda M. Barker | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
5. Upon arrival at the ASAC course at Fort Leonard Wood in January 2002, the applicant immediately informed his unit personnel clerk and the local finance office of his pay problem and the overpayment was finally stopped. He received SSG pay from April 2001 through March 2002. The total amount of overpayment was determined to be $6,914.46. The applicant states that he and his wife (now ex-wife) spent the monies that he received in overpayment on bills and family expenses.
6. Upon completion of the ASAC course, the applicant was transferred to Fort Hood, Texas. He requested remission or cancellation of his indebtedness. On 27 November 2002, the Commander, 215th Finance Battalion forwarded the applicant's request to the US Total Army Personnel Command (PERSCOM), Alexandria, Virginia, recommending approval.
7. On 13 February 2003, PERSCOM partially approved the applicant's request for remission or cancellation of his debt in the amount of $3,457.23 (which was one half of the total of the debt incurred). PERSCOM stated that it was determined there were no grounds to remit or cancel the remaining portion of the debt on the basis of injustice or hardship. The applicant was also advised that he should contact DFAS to arrange for repayment of the outstanding balance in the amount of $3,457.23.
8. Army Regulation 600-4 serves as the authority for processing applications for remission of indebtedness. It states, in pertinent part, that a debt to the government may be canceled if it is determined that, based on the information received, an injustice or hardship, or both exists. It also states that the Soldier's awareness of policy and procedures will be considered as well as whether or not the Soldier inquired of proper authority and was told that the payment was correct.
DISCUSSION AND CONCLUSIONS:
1. The evidence available indicates that the applicant was erroneously overpaid and that he incurred a debt to the Government in the amount of $ 6,914.46. The applicant's debt was a valid debt.
2. During the entire time that the applicant was overpaid, he was fully aware that he was being overpaid. Even though it appears that he took every appropriate means to correct the problem, he made no effort to put the overpayment aside against a future date when it would be collected. Instead, by his own admission, he and his ex-wife spent it.
3. PERSCOM generously remitted or cancelled one half of the applicant's debt, but upheld a debt in the amount of $3,457.23. Since the applicant benefited from the use of all $6,914.46 and PERSCOM is only requiring him to repay $3,457.23, it appears fair that the applicant assumes the responsibility to repay that portion of the outstanding balance still remaining.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__kan___ __jtm___ __lmb___ DENY APPLICATION
| CASE ID | AR2003086768 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040108 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.0800 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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