RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 February 2007
DOCKET NUMBER: AR20060007275
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, he be paid Family Separation Pay (FSA) for the 5-month period June 2005 through October 2005 while deployed to Iraq.
2. The applicant states he and his wife are Army officers. His wife deployed to Kuwait from July 2004 to May 2005 and received FSA-II in the amount of $250 per month. He adds his paperwork for FSA was never processed when he deployed and, upon his return from Iraq and his leaving active duty, he was told to submit a DD Form 149 (Application for Correction of Military Record).
3. The applicant provides:
a. Permanent Orders 273-404, Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, dated 29 September 2004, deploying him to Iraq.
b. DA Form 4037, Officer Record Brief, dated 18 November 2005, showing his assignment in Mosul, Iraq from 7 October 2004 to 5 October 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant is a US Army Reserve (USAR) officer. He entered active duty on 13 May 2001. Following training, he was assigned to Fort Lewis, Washington.
2. On an unknown date, the applicant married a USAR officer serving on active duty at Fort Lewis. His spouse deployed to Kuwait in July 2004. She received FSA-II payments of $250.00 per month from July 2004 through May 2005.
3. In October 2004, the applicant deployed with his unit to Mosul, Iraq. Records show he arrived in Iraq on/about 7 October 2004. He returned to Fort Lewis on/about 5 October 2005. His Leave and Earnings Statement (LES) shows he did not received FSA-II payments during his deployment to Iraq.
4. The Department of Defense Financial Management Regulation (DODFMR) provides guidance on the payment of FSA. It provides that FSA is payable to a member married to another member regardless of whether the member has any non-active duty dependents provided the members were residing together immediately before being separated by reason of execution of military orders. However, not more than one monthly allowance may be paid with respect to a married military couple for any month. Each member may be entitled to FSA-II
within the same month, but both cannot simultaneously be entitled. Payment shall be made to the member whose orders resulted in the separation. If both members receive orders requiring departure on the same day, then payment will go to the senior member. If a member meets the requirements for credit of FSA-II, but entitlement is precluded by an existing entitlement status of the spouse, then the second member may, if still qualified, immediately become entitled to FSA-II upon termination of the spouses status. The couple may qualify for sequential entitlements to FSA-II provided military orders keep them continuously separated.
DISCUSSION AND CONCLUSIONS:
1. The applicant and his officer spouse were both entitled to FSA-II payments; however, only one FSA-II payment was authorized for any given month. Since the spouse was first to deploy, she received FSA payments for the period July 2004 through May 2005.
2. The applicant deployed in October 2004 through September 2005, returning in early October 2005. The first seven months of his deployment overlapped his spouse's deployment, during which she received the monthly FSA-II payment. The applicant was entitled to FSA-II payments of $250.00 per month for the
4-month period June-September 2005.
3. It would, therefore, be appropriate to correct the applicant's records as indicated below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__jea___ __jlp___ __eem___ 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 partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual
concerned be corrected by showing he was entitled to FSA-II payments of $250.00 per month for the months of June, July, August, and September 2005, and by paying to him the appropriate amount to which entitled.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying him FSA for October 2005.
James E. Anderholm
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060007275
SUFFIX
RECON
DATE BOARDED
20070206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
128.0100
2.
3.
4.
5.
6.
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