IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080006788
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the $10,882.59 of pay and allowances recouped from him for his period of service from 1 June 2006 through 15 July 2006 be restored.
2. The applicant states, in effect, that during the period in question he was present and performing military duties at Fort Huachuca, Arizona, attending the Military Intelligence Officer Basic Course (MIOBC) and that the recoupment of the pay and allowances in question was unjust.
3. The applicant provides a self-authored memorandum and the six documents indentified as exhibits in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that on 3 March 2006, while serving as a member of the Massachusetts Army National Guard (MAARNG), he was ordered to active duty for training (ADT) by MAARNG Orders 062-150. The purpose of the ADT was to attend the MIOBC at Fort Huachuca, Arizona, during the period from 30 April 2006 through 8 September 2006.
2. On 2 June 2006, the applicant was suspended from the MIOBC course for a security clearance issue. He remained at Fort Huachuca and was ultimately cleared to reenter the MIOBC. He was on leave from 1 July 2006 through 8 July 2006, he returned to Fort Huachuca on 9 July 2006, and he reentered the MIOBC on 11 July 2006.
3. MAARNG Orders 062-150, dated 3 March 2006, ordered the applicant to ADT from 30 April 2006 through 8 September 2006 to attend the MIOBC. MAARNG Orders 229-101, dated 17 August 2007, amended Orders 062-150 for the ADT period to read 30 April 2006 through 2 June 2006. MAARNG Orders 255-102, dated 11 September 2007, ordered the applicant to ADT from 9 July 2006 through 28 October 2006 to attend the MIOBC.
4. On 26 October 2006, the applicant successfully completed the MIOBC.
5. During the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) Chief, Claims Branch, Directorate of Debt and Claims Management. This official states that during the period the applicant was suspended from the OBC, his ADT orders were neither terminated nor revoked, nor were orders issued to authorize his return home. She further indicates that the applicant fully executed his orders and successfully completed the MIOBC, which was the intent of the original ADT orders. As a result, this DFAS official recommends the applicant be granted partial relief by charging him for ordinary leave from 1 through 8 July 2006; by recouping any per diem paid for this period of leave; by authorizing all other pays and allowances received by the applicant while he was training, which should be considered entitlement for duty performed; and the funds collected from the applicant should be restored to him accordingly.
6. On 13 January 2008, the applicant concurred with the DFAS advisory opinion.
7. Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System. Chapter 2 contains guidance on orders formats and paragraph 2-21 contains guidance on amendments, revocations, and rescissions and states, in pertinent part, that only the unexecuted portion of the order will be rescinded if any action has been taken in compliance with the order.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the $10,882.59 of pay and allowances recouped from him for his period of service from 1 June 2006 through 15 July 2006 be restored was carefully considered and found to have partial merit. The evidence of record confirms the applicant was ordered to ADT to complete the MIOBC and that he fully executed his orders and successfully completed the MIOBC. As a result, it would be appropriate to correct his record by issuing necessary orders that authorize his entire period of ADT between 30 April 2006 and 26 October 2006 and showing he was on ordinary leave from 1 July 2006 through 8 July 2006.
2. In view of the facts of this case, it would be appropriate to correct the applicant's record as recommended in the DFAS opinion provided. As a result, his record should be corrected by charging him leave for the period from 1 July 2006 through 8 July 2006 and recouping any per diem he received for this period. All other pay and allowances he received while in training should be authorized as "entitlement for duty performed" and the funds collected from the applicant should be restored to him accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ 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. As a result, the Board recommends that all Department of the Army and MAARNG records of the individual concerned be corrected by:
a. issuing necessary orders/amendments to show he was on active duty for training from 30 April 2006 through 26 October 2006;
b. charging him ordinary leave for the period from 1 July 2006 through 8 July 2006;
c. authorizing him all pay and allowances received during his period of training as "entitlement for duty performed"; and
d. restoring to him all funds collected minus per diem received during his period of ordinary leave from 1 July 2006 through 8 July 2006.
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 restoration of any per diem paid during the period of charged ordinary leave from 1 July 2006 through 8 July 2006.
_______x__________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080006788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006788
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | BCMR | CY2006 | BC-2005-02973
Applicant submitted a waiver to DFAS through her unit comptroller. We understand the need to provide receipts for lodging, which she did and that part of her debt was forgiven; however, a requirement to provide receipts, or proof, she used her per diem for that which it was intended seems, to us, to be excessive and unnecessary in this case. CHARLENE M. BRADLEY Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2005-02973 MEMORANDUM FOR...
ARMY | BCMR | CY2008 | 20080012023
The NGB official further indicates that the applicant was authorized leave during the period 24 through 28 October 2005. Therefore, it would be appropriate to correct the applicant's record by showing the applicant had sufficient accrued leave to take ordinary leave during the period 24 through 28 October 2005, that no debt was incurred by the applicant for non-performance of duty during this period, and to reimburse the applicant any amount of this erroneous debt already collected. ...
ARMY | BCMR | CY2002 | 2002082997C070215
APPLICANT STATES : In effect, that the Board’s recommendation failed to address his entitlement to back Special Duty Assignment Pay (SDAP); his overall leave entitlement to include the 30 days of leave he sold during early February 1999; readjustment pay; a waiver of Serviceman’s Group Life Insurance (SGLI) premium payments not offered by the Defense Finance and Accounting Service (DFAS). The DFAS leave computation for the reinstated period showed that the applicant lost 38.5 days of leave....
ARMY | BCMR | CY2013 | 20130018503
p. A DA Form 1559 (IG Action Request), dated 22 April 2008, the applicant submitted for an investigation into why his original orders were for PCS and not TDY for his 179 days and why it was not amended in time and payment for his 10 days AT in January 2008. q. The evidence of record shows the applicant, while already on orders for 98 days, was issued ADT PCS orders for 179 days. Therefore, he is not entitled to amendment of his PCS orders.
ARMY | BCMR | CY2014 | 20140021000
The applicant requests, in effect, correction of his military service records to show he is authorized pay and allowances for 21 days of active duty for training (ADT) beginning 14 February 2014. The USARC advisory official recommends the applicant be granted administrative relief with payment of active duty pay and allowances for duty performed from 14 February 2014 through 6 March 2014. b. However, the evidence of record shows that he was not timely discharged from the USAR on 20 January 2014.
ARMY | BCMR | CY2005 | 20050005314C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2013 | 20130018512
The applicant states she was ordered to active duty from North Carolina where she resided in December 2006 to perform a contingency operations temporary tour of active duty (COTTAD) in support of Operation Noble Eagle with duty at the Pentagon. DFAS's multiple letters stated her claim for per diem for meals was not authorized since she resided within commuting distance to the Pentagon. She maintained residency in both a local address her HOR in Maryland and the residence in North...
CG | BCMR | Other Cases | 2011-089
This final decision, dated January 12, 2012, is approved and signed by the three duly APPLICANT’S REQUEST The applicant asked the Board to correct his military record to show that he is not indebted to the government for over $9,000.00 resulting from an alleged overpayment on travel claims that he submitted during a period of active duty. The letter stated the following: [The applicant’s] travel debt resulted from being paid twice for the same periods of travel in 2004. The Coast Guard...
ARMY | BCMR | CY2012 | 20120020930
The applicant enlisted in the MAARNG for 8 years on 26 April 2008. In connection with this enlistment, he completed several forms as follows: a. DD Form 1966/4 (Record of Military Processing), wherein he agreed to complete 6 years in the Selected Reserve with the 772nd Military Police Company in MOS 31B. He agreed to serve for 6 years in the critical MOS of 31B and in a Military Police unit in exchange for a $20,000 enlistment bonus to be paid in two installments, the first upon completion...
ARMY | BCMR | CY2005 | 20050005331C070206
The applicant requests that his record be corrected to show that his permanent change of station (PCS) orders were issued as indeterminate temporary change of station (TCS) orders while allowing him to retain any and all PCS allowances he received. The evidence of record and the advisory opinion from the G-1 clearly show that the applicant has been disadvantaged by the issuance of the erroneous PCS orders. The Board determined that the evidence presented was sufficient to warrant a...