RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 May 2007
DOCKET NUMBER: AR20070005855
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. Ronald J. Weaver
Member
Mr. David W. Tucker
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, remission or cancellation of his indebtedness to the United States Government in the amount of $16,000.00. Further, if the debt is not remitted or cancelled, then he asks for a longer repayment period.
2. The applicant states, in effect, that he was under the impression that he was entitled to basic allowance for housing (BAH), variable housing allowance (VHA) and family separation allowance (FSA) because his daughter was still living in the United States while he was serving in the Federal Republic of Germany. He further states that he got married to a foreign national; and due to family complications and the high operational tempo, he was not able to get his dependency status corrected in a timely manner. When he finally turned in his marriage certification and accompanying documents, he was informed by finance that he had received unauthorized payments. The applicant also states that he would never intentionally defraud the government. He says that this debt is causing an extreme hardship on his family. He is the only provider for his four dependents and it is hard to make ends meet, especially with this debt of $768.00 per month.
3. The applicant provides a copy of his Application for Remission or Cancellation of Indebtedness, dated 21 June 2006.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the Regular Army in the rank of sergeant first class, pay grade E-7.
2. On 16 May 2006, the applicant was notified by the Commander,
208th Finance, that he was indebted to the Government in the amount of $29,762.84 for overpayment of BAQ/VHA, and $11,883.92 for overpayment of FSA, totaling $41,646.76.
3. On 19 June 2006, the Commander, 208th Finance Battalion, provided a memorandum for the United States Army Human Resources Command, explaining that the applicant was aware that he was being paid BHA/VHA and FSA entitlements. He was not authorized dual payments, but had been receiving them since sometime prior to October 2005. The commander requested that the full debt of $41,646.76 not be remised or waived and that it be collected over a long repayment schedule by prorating so as to put no undue financial hardship upon the family.
4. On 21 June 2006, the applicant submitted a request for remission or cancellation of indebtedness in the amount of $41,646.76 through his chain of command to the United States Army Human Resources Command, Alexandria, Virginia. He based his request solely on hardship. His chain of command fully supported his request.
5. The Human Resources Command granted partial approval in the amount of $20,823.38. The Chief, Operations Management Division, Enlisted Personnel Management Directorate, wrote a memorandum, dated 21 September 2006, to the Commander, 208th Finance Battalion, informing him that the applicants debt had been remitted in the partial amount of $20,823.38. The Chief further noted that there were no grounds to remit or cancel the remaining portion of the debt on the basis of hardship or injustice.
6. On 31 January 2007, the applicants commander requested that his monthly payments be reduced from $738.68 to $300.00 to reduce the hardship on his family. This request was denied because it would take 57 months to clear the debt.
7. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for Enlisted Members) provides, in pertinent part, that the Secretary of the Army may remit or cancel a Soldier's unpaid debts to the United States Army, or its instrumentalities, (including Non-Appropriated Fund Instrumentalities) before or at the time of his or her honorable discharge if such action is in the best interests of the United States. The objectives of remission or cancellation are to remit or cancel debts to the U.S. Army that are considered to be unjust and to end hardship or undue suffering.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant received dual payments of BHA/VHA and FSA for an extended period of time, totaling $41,646.76. This debt was partially remitted in the amount of $20,823.38 on the basis of hardship. There is no evidence of an injustice. The applicant is now asking for relief of the $16.000 balance based on a hardship to his family.
2. The applicant has not provided any mitigating evidence to support his request that was not already considered by the Human Resources Command when it remitted fifty percent of his debt. Therefore, his request for remission or cancellation of this debt, or to extend the length of his payments, should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JCR___ __DWT__ __RTW__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
__ Jeffrey C. Redmann_____
CHAIRPERSON
INDEX
CASE ID
AR20070005855
SUFFIX
RECON
DATE BOARDED
20070524
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
128.1000
2.
3.
4.
5.
6.
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