RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2004
DOCKET NUMBER: AR2004103351
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Curtis L. Greenway | |Member |
| |Ms. Eloise C. Prendergast | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be refunded the monies collected from
him prior to the approval of his request for remission or cancellation of
his debt.
2. The applicant states that, due to the unique situation of the Career
Status Bonus (CSB), pay was collected from him. He requested remission or
cancellation of indebtedness which was approved on 23 January 2004.
3. The applicant provides his May 2003 leave and earnings statement and
the 23 January 2004 memorandum approving remission or cancellation of his
debt.
CONSIDERATION OF EVIDENCE:
1. Information obtained from the Defense Finance and Accounting Service
indicates the applicant initially enlisted in the U. S. Army Reserve
Control Group (Reserve Officers' Training Corps) in October 1981. He
enlisted in the U. S. Army Reserve (Delayed Entry Program) on 2 September
1987. On 27 October 1987, he enlisted in the Regular Army and has since
had continuous service.
2. The applicant was erroneously paid a $30,000 CSB. The Government
recouped $612.49 of that bonus before the U. S. Army Human Resources
Command approved remission or cancellation of the indebtedness on 23
January 2004. The portion of the debt that had already been collected
could not be considered for remission or cancellation.
3. The Career Status Bonus is one of three current retired pay plans
dependent upon a member's Date Initially Entered Military Service (DIEMS).
A DIEMS date is the earliest date of enlistment, induction, or appointment
in a regular or reserve component of a uniformed service as a commissioned
officer, warrant officer, or enlisted member. If the DIEMS is before 8
September 1980, retired pay is based on final basic pay. If the DIEMS is
between 8 September 1980 and 31 July 1986, retired pay is based on the
average of the soldier's highest 36 months of basic pay (high 3). If the
DIEMS is after 31 July 1986, retired pay is based on either high 3 or
CSB/REDUX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DIEMS was October 1981, when he enlisted in the U. S.
Army Reserve Control Group (Reserve Officers' Training Corps). Therefore,
he was not eligible for the $30,000.00 CSB.
2. The Government had recouped $612.49 of that bonus before the U. S. Army
Human Resources Command approved remission or cancellation of the
indebtedness. The $612.49 could not be considered for remission or
cancellation.
3. The Army is not liable for the erroneous actions of its officers,
agents, or employees, even though committed in the performance of their
duties. The applicant has already received an unexpected windfall of
$29,387.51. There are insufficient fairness or equity factors to consider
that would warrant granting him an additional windfall of $612.49.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jns___ __clg___ __ecp___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
__John N. Slone_______
CHAIRPERSON
INDEX
|CASE ID |AR2004103351 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041026 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |128.10 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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