RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050005984


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 she be refunded $2,012.96 collected from her to
satisfy a debt.

2.  The applicant states the Defense Finance and Accounting Service (DFAS)
made a pay adjustment error that resulted in a basic pay overpayment from
May through December 2002.  She states she discovered the error while in
Iraq and was not able to correct the problem until she returned to the
United States.  The debt totaled $4,298.16.  She repaid $2,012.96 before
the US Army Human Resources Command (HRC), Alexandria, Virginia cancelled
the remaining indebtedness.

3.  The applicant provides:

      a.  A statement of support from the Commander, 230th Finance
Battalion, Fort Hood, Texas, dated 28 March 2005.

      b.  DA Form 3508-R (Application for Remission or Cancellation of
Indebtedness), dated 10 March 2005.

      c.  DA Form 2823 (Sworn Statement), dated 10 March 2005

      d.  Various emails seeking to resolve debt.

      e.  Various DFAS 702 (Military Leave and Earning Statement).

CONSIDERATION OF EVIDENCE:

1.  The applicant was a Soldier serving on active duty as a Sergeant (SGT/E-
5) when she submitted her application for correction of her military
records.  She has since left active duty.

2.  The applicant's Pay Entry Basic Date (PEBD) was 21 September 2000, and
her Basic Active Service Date (BASD) was 21 September 2001.  In 2002, she
was a Specialist (SPC/E-4) under 2 years earning $1,443.60 per month.  On
22 September 2002, her pay increased to $1,517.70 per month as an E-4 over
2 years.

3.  In May 2002, DFAS incorrectly changed her rate of basic pay to that of
an E-4 over 6 years and began paying her $1,752.30.  This overpayment
continued until 31 December 2002 and caused a debt of $4,298.16.  The debt
was imposed in 2004 while the applicant was serving in Iraq.  She attempted
to resolve it, but was not successful until returning to the United States
and Fort Hood.  DFAS initiated recoupment action and the applicant sought
remission or cancellation of her debt.

4.  On 31 March 2005, the HRC remitted the unpaid portion of the
applicant's debt ($2,285.20), but could not act on the portion already
collected ($2,012.96).

5.  The Commander, 230th Finance Battalion, Fort Hood, acknowledges a
mistake on the part of DFAS and states the applicant made a good faith
effort to resolve the problem as soon as she became aware of it.  The
Commander recommends granting the applicant's request.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a young Soldier with less than 2 years of service.
She was being properly paid until DFAS generated a mistake and increased
her basic pay. The applicant was due a slight increase for going over 2
years during the period of her overpayment; she was not aware of DFAS-
generated mistake until 2004 when she was informed of her debt.

2.  The applicant paid approximately half of the debt ($2,012.96) before
HRC-Alexandria remitted the remainder.  Unfortunately, HRC could not remit
that portion already paid and referred the applicant to this Board.

3.  The Commander, 230th Finance Battalion supports the applicant and
acknowledges she was the victim of an accounting error by DFAS.

4.  Based upon the above facts it would be appropriate to correct the
record to show the applicant timely filed for relief of the $4,298.16 debt
through her chain of command and that the request was approved by the
proper authority, thereby making the establishment of the debt erroneous.
Therefore, the $2,012.96 erroneously collected should be refunded to the
applicant.

BOARD VOTE:

__lds___  __reb___  __rmn___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to
show the applicant timely filed for relief of the $4,298.16 debt through
her chain of command and that the request was approved by the proper
authority, thereby making the establishment of the debt erroneous.
Therefore, the $2,012.96 erroneously collected should be refunded to the
applicant.



                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005984                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.1400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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