RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050002348


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, cancellation of her indebtedness of
$6,577.30.

2.  The applicant states, in effect, that an unjust financial debt of
$6,577.30 was imposed on her by the overpayment of Basic Allowance for
Housing (BAH).  She states that the debt was incurred, through no fault of
her own, as a result of an administrative error made by a Finance Clerk at
the Military Pay Office, Fort George G. Meade, Maryland, when the incorrect
zip code was entered into the Defense Finance and Accounting Service (DFAS)
and was then used in determining her entitlement to BAH.

3.  The applicant provides the following documents in support of her
application:  DA Form 2823 (Sworn Statement), dated 9 February 2005;
memoranda from the Commanding General, 80th Division (Institutional
Training), Richmond, Virginia, dated 8 January 2005; Assistant Division
Commander, 80th Division (Institutional Training), dated 8 January 2005;
and Chief Executive Officer, 80th Division (Institutional Training), dated
8 January 2005; three DA Forms 5960 (Authorization to Start, Stop, or
Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance
(VHA), dated 3 January 2002, 4 April 2004, and 3 June 2004; three DFAS
Forms 702 (DFAS Military Leave and Earnings Statement (LES)) for the months
of June 2004, July 2004, and September 2004; two DFAS computer printouts
showing input of the erroneous zip codes; an extract of '05 BAH Rates for
Zip Code 04060; and Headquarters, U.S. Army Human Resources Command,
Alexandria, Virginia, memorandum, subject:  Remission or Cancellation of
Indebtedness, dated 30 August 2004, along with applicant's DA Form 3508-R
(Application for Remission or Cancellation of Indebtedness), dated 31 March
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that she is a sergeant
first class/pay grade E-7 serving in the Active Guard/Reserve program.  She
holds military occupational specialty (MOS) 42A4O (Human Resources
Noncommissioned Officer), has over 14 years of active military service, and
is currently serving with Headquarters and Headquarters Company, 80th
Division (Institutional Training), Richmond, Virginia.



2.  On 3 January 2002, the applicant submitted a DA Form 5960 to her
supporting finance office to change her BAQ type to "without dependents",
effective 1 February 2002.  This document reflected the correct zip code of
her duty location (i.e., 25313) and requested VHA based on her permanent
duty station.

3.  Evidence of record indicates that an incorrect zip code (i.e., 15313)
was entered into the DFAS system, which resulted in the applicant receiving
a higher BAH rate than that which she was entitled to receive.

4.  On 31 March 2004, the applicant submitted a DA Form 3508-R (Application
for Remission or Cancellation of Indebtedness).  In her application, the
applicant states that, "When I received my February 2002 mid-month pay, I
was not paid any BAH.  I contacted my higher headquarters for an
explanation.  When finance corrected the error, my unit zip code was
erroneously entered as "15313" instead of "25313". "  However, in this
document, the applicant also states that she did not discover the error
until 31 March 2004, when she was checking the BAH information for her next
assignment.  She added that, part of the delay in discovering the error was
due to the fact that she was mobilized on 7 February 2003 and the money was
used to pay debts, a lease agreement, and utilities.  The applicant added
that, once she discovered the error, she took immediate action to have it
corrected.

5.  On 4 April 2004, the applicant submitted a DA Form 5960 to her
supporting finance office to correct the zip code for her BAQ, effective 1
February 2002.  This document reflected the correct zip code of her duty
location (i.e., 25313) and requested VHA based on her permanent duty
station.

6.  On 3 June 2004, the applicant submitted another  DA Form 5960 to her
supporting finance office to change her BAQ type to "without dependents",
effective 3 June 2004, based on the commander's determination upon her
assignment to her new unit.  This document reflected the correct zip code
(i.e., 23237) of her new duty location.

7.  The applicant's DFAS Military LES for the month of June 2004 indicates
that an incorrect zip code (i.e., 04060) was entered into the DFAS system
for her BAH when the applicant processed into her new unit.

8.  The applicant's DFAS Military LES for the month of July 2004 indicates
that the error was corrected and the correct zip code (i.e., 23237) was
entered into the DFAS system for her BAH entitlement at her new unit.

9.  On 30 August 2004, the Chief, Special Actions Branch, U.S. Army Human
Resources Command, disapproved the application for remission or
cancellation of indebtedness and advised the applicant to contact the
Finance and Accounting Office for proration of the debt of $6,180.00.

10.  The applicant provides a self-authored statement, letters of support
from her chain of command for the remission or cancellation of
indebtedness, and documents which show the administrative actions taken
with regard to the applicant's BAH.  The applicant states, in effect, that
the administrative error was the fault of the supporting finance office
and, through no fault of her own, caused her to incur the indebtedness in
the amount of $6,577.30.  The letters from her current chain of command
support the applicant's efforts in remission or cancellation of the
indebtedness and assert that the applicant is not responsible for the
indebtedness.

11.  The applicant's records contain a DA For 2166-8 (NCO Evaluation
Report), for the period September 2001 through July 2002, which shows that
the applicant was serving as the Senior Personnel Service Sergeant, 321st
Ordnance Battalion, Charleston, West Virginia, when the administrative
error occurred regarding her BAH entitlement.  This document shows that the
applicant was rated by the captain serving as the battalion S-1 and that
her duties during this period were, in part, to provide personnel and
administrative assistance to Soldiers of the battalion's units.  The
document also shows that, during the period in question, the senior rater
indicated that the applicant "truly performs at a level expected of a
higher level NCO" and possesses "excellent personnel knowledge".

12.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides
policies for entitlements and collections of pay and allowance for active
duty Soldiers.  This Army regulation provides, in pertinent part, that the
battalion S1 will assist Soldiers in preparing pay related documents,
forward pay related documents to the Finance Office/Defense Military Pay
Office (FO/DMPO) on a daily basis, respond to Soldiers' pay inquiries when
the required information is available, and ensure that verification of the
Unit Commander's Finance Report and eMILPO Accountability Report is
accomplished monthly.

13.  Army Regulation 37-104-4 also provides that, Soldiers are responsible
for reviewing their LES and for the prompt and accurate reporting of
changes in their personal circumstances that affect their entitlement to
pay, or the distribution of their pay, to their commander and servicing
FO/DMPO.

14.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness for
Enlisted Members) provides instructions for submitting and processing
applications for remission or cancellation of indebtedness to the U.S.
Army.  The regulation provides, in pertinent part, that the commander is
responsible for helping the Soldier to resolve personal debts, including
errors in pay.  It states that, the monthly review of the Unit Commander's
Financial Report will highlight possible erroneous payments.  In addition,
the Battalion Personnel Administration Center (PAC), servicing Personnel
Service Battalion (PSB) and FO/DMPO will help commanders to resolve
indebtedness caused by administrative transactions.  This regulation
further states that, it is incumbent upon commanders, battalion PAC, PSB,
and FO/DMPO involved in identifying indebtedness and processing requests
for remission to expedite the process to minimize possible out-of-service
debt.

15.  This Army regulation also states that, Soldiers must make sure that
their financial accounts are correct.  They must review their monthly LES
and report errors or discrepancies to the command and the FO/DMPO.  It
continues that, the most common areas for errors in the LES are leave
balances and receipt of basic allowance for quarter, variable housing
allowance, or the cost of living allowance at the "with dependents" rate
when it should be at the "without dependents" rate.

16.  Paragraph 1-12 of this Army regulation provides, in pertinent part,
that in determining injustice or hardship, the following factors will be
considered:  the Soldier's awareness of policy and procedures; past or
present MOS, rank, years of service, prior experience; the Soldier's
monthly income and expenses; and the Soldier's contribution to the
indebtedness to the U.S. Army by not having the situation corrected.

17.  Paragraph 1-13 of this regulation also provides additional factors for
consideration in determining injustice.  It provides, in pertinent part,
that the application must contain evidence that the applicant did not know,
and could not have known, of the error; or the applicant inquired of a
proper authority and was told that the payment was correct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her BAH debt was unjustly imposed upon
her and the supporting documents she provided were carefully considered.
However, there is an insufficient evidentiary basis to support granting the
requested relief.

2.  The evidence of record shows that the incorrect zip code used to
determine the applicant's BAH entitlement was input into DFAS in February
2002.  Therefore, this incorrect zip code would have first appeared in the
Remarks Section of the applicant's end-of-month DFAS Military LES in
February 2002, and would continue to appear in the Remarks Section of the
applicant's DFAS Military LES each month that she received BAH based upon
this incorrect zip code.

3.  The evidence of record indicates that the applicant reviewed her end-of-
month DFAS Military LES for February 2002 to confirm that her BAH
entitlement had processed.  However, there is no indication that she
reported the error or discrepancy in the BAH zip code to her commander or
the FO/DMPO, as required by the governing Army regulation.

4.  The evidence of record also shows that the applicant's principal duty
at the time the error occurred was that of a Senior Personnel Service
Sergeant in the battalion's S1.  This is a position which indicates the
applicant possessed special knowledge and expertise in the field of
personnel and administration and that she was responsible for advising the
battalion's S-1/adjutant, unit commanders, and Soldiers in personnel and
administrative matters.

5.  Notwithstanding the fact that the incorrect zip code for the
applicant's BAH entitlement appeared on her monthly DFAS Military LES each
month the evidence of record shows, and the applicant acknowledges, that
she failed to initiate administrative action to correct the erroneous zip
code for over two years; including a period of 14 months while serving in a
garrison environment, prior to her mobilization.  The initiation of
corrective action by the applicant at anytime during this time period would
have helped mitigate the applicant's indebtedness.

6.  Evidence of record shows that the applicant initiated action for the
remission of debt on 31 March 2004, and did not take action to correct the
administrative error relating to her BAH entitlement (i.e., incorrect zip
code) until 4 April 2004.

7.  The governing Army regulations clearly state that the Soldier is
responsible for reviewing their DFAS Military LES each month and for the
prompt and accurate reporting of changes in their personal circumstances
that affect their entitlement to pay, or the distribution of their pay, to
their commander and servicing FO/DMPO.

8.  In view of the applicant's MOS and inherent major duties, her rank,
years of service and military experience, it is reasonable to conclude that
her inattentiveness to correct the error shown on her DFAS Military LES for
over two years directly contributed to her current indebtedness to the U.S.
Army.  This is supported by the fact that, upon arrival at her new unit in
June 2004 and a similar error was made, when immediate corrective action
was taken it resulted in the erroneous BAH entitlement being corrected the
very next month (in July 2004), thus minimizing any financial impact on the
applicant.

9.  The evidence of this case shows that the applicant received BAH at a
higher rate based on an incorrect zip code which appeared each month on her
DFAS Military LES for the applicant to review.  The evidence of record
shows, and the applicant acknowledges, that she failed to take corrective
action for over two years.  In view of the applicant's MOS and its inherent
duties, her military experience, years of service, and her responsibility
as a Soldier, it is determined that the applicant contributed to the
indebtedness to the U.S. Army by failing to take action to have the
situation corrected for over two years.  Further, there is no evidence of
record which shows that the applicant did not know, and could not have
known, of the error; or that the applicant inquired of a proper authority
and was told that the payment was correct.  Thus, there appears to be no
injustice related to the BAH debt she incurred.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  __DJA __  __DRT __  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.




                                  ____STANLEY KELLEY______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050002348                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.1000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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