RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2004
DOCKET NUMBER: AR2004105799
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. Fred N. Eichorn | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert J. Osborn | |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 his debt be cancelled and he be paid the
pay that was due him at his separation.
2. The applicant states that he was unknowingly overpaid basic allowance
for housing (BAH) and not made aware of the error until the day of his
discharge. He was overpaid BAH in the amount of $3,103.46. He also was
not paid the $320.17 that was held pending determination of this matter.
3. The applicant provides a 7 September 2003 memorandum from his
commander; a sworn statement dated 11 September 2003; an enlistment
contract dated 20 December 2001; orders dated 5 January 2002; and a leave
and earnings statement (LES) for the period 1 through 26 August 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records show that he enlisted in the U. S.
Army Reserve (USAR) on 17 September 1991. He was voluntarily ordered to
active duty in an Active Guard Reserve (AGR) status in February 1999. He
reenlisted in the USAR on 20 December 2001 for 3 years.
2. The applicant was assigned to the 21st General Hospital, St. Louis, MO
on orders dated 8 May 2002 with a reporting date of 3 September 2002.
Orders dated 17 July 2002 amended those orders to assign him to Detachment
2, 21st General Hospital, Poplar Bluff, MO with the same reporting date.
3. Orders dated 31 July 2003 show the applicant was discharged from the
USAR on 26 August 2003 with a general discharge. His LES for the period
ending 26 August 2003 shows he had a debt of $3,919.13 and pay due at
separation of $320.17. His pay due was held as credit against his debt.
The indebtedness is not identified and may have included monies due for
something other than overpaid BAH.
4. In his 7 September 2003 memorandum, the applicant's commander informed
the servicing finance office that, when the applicant was transferred to
the Poplar Bluff site for the unit, paperwork was not initiated to change
his zip code from St. Louis 63109 to Poplar Bluff 63901 due to an oversight
that was not the applicant's fault.
5. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for
Enlisted Members), paragraph 1-8c states that indebtedness to the U. S.
Army will not be remitted or canceled if a soldier will receive less than
an honorable discharge at time of separation.
6. Title 10, U. S. Code, section 4837 states that, if he considers it in
the best interest of the United States, the Secretary may have remitted or
cancelled any part of an enlisted member's indebtedness to the United
States or any of its instrumentalities remaining unpaid before, or at the
time of, that member's honorable discharge.
DISCUSSION AND CONCLUSIONS:
The statute would ordinarily prohibit the remission or cancellation of the
applicant's debt. However, he was overpaid BAH through no fault of his
own. It would be equitable to grant the relief requested. The applicant's
records should be corrected to show his zip code was St. Louis 63109.
BOARD VOTE:
__fne___ __jtm___ __rjo___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief. As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that his zip code during the period of his assignment
to the 21st General Hospital was St. Louis 63109.
2. After the above correction is made, the Defense Finance and Accounting
Service should audit his records to determine if he is entitled to payment
of the $320.17 that was due at his separation.
__Fred N. Eichorn_____
CHAIRPERSON
INDEX
|CASE ID |AR2004105799 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041123 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |128.10 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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