IN THE CASE OF:	  

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080010821 


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, remission or cancellation of his $2,443.20 debt to the Government.  

2.  The applicant states, in effect, that the Defense Finance and Accounting Services (DFAS) is garnishing his pay for a 4 year old error on their part.  He states that the error is related to a Permanent Change of Station (PCS) partial Do-It-Yourself (DITY) move he made from the Sacramento Recruiting Battalion in California to the San Antonio Recruiting Battalion in Texas, which he completed in 2004.  He claims that during his in-processing at Fort Sam Houston, Texas, he was required to close out his travel and turn in his Travel Voucher (DD Form 1351-2) along with the receipts for his partial DITY move as part of his 
in-processing before reporting to his gaining unit.  He claims he turned in all his travel documents to the transportation and travel section at Fort Sam Houston as required.  He indicates he kept a copy of these documents for his records; however, he later moved on a PCS to the New Orleans Recruiting Battalion located at Lake Charles, Louisiana, and after being there a few months, these documents were lost during Hurricane Rita, which destroyed his home and all of his families possessions.  

3.  The applicant also states that after reviewing his Leave and Earning Statement (LES) for January 2008, he noticed that he had incurred a debt in the amount of $2,443.20 and that his check was being garnished.  He claims he was never notified by DFAS of his indebtedness prior to the garnishment of his check and when he called DFAS, he was informed that he needed to recreate and resubmit all previous documents submitted (DD Form 1351-2, weight tickets etc).
4.  The applicant further claims, in effect, he informed DFAS officials that it would be impossible to resubmit the documents because they were lost during Hurricane Rita, and he believes the debt is unjust, it has been 4 years since the error occurred and he has in fact PCS'd two times since the error occurred.  DFAS officials informed him he could submit an Application for Remission or Cancellation of Indebtedness through his commander to attempt to have the debt stopped.  He concludes by stating the debt is causing a financial hardship on him since it could not be planned for and he is requesting the debt be remitted/cancelled. 

5.  The applicant provides the following documents in support of his application:  a Sworn Statement (DA Form 2823); Application for Remission or Cancellation of Indebtedness (DA Form 3508); Headquarters, United States Army Recruiting Command Memorandum, dated 27 February 2008; Travel Voucher 
(DD Form 1351-2); Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, Orders Number 099-107, dated 8 April 2004; United States Army Recruiting LNCO Memorandum, dated 31 January 2008; and Leave and Earning Statements (LESs).

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a sergeant first class (SFC) in the Regular Army, at Fort Benning, Georgia.  

2.  Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, Orders Number 099-107, dated 8 April 2004, assigned the applicant on permanent change of station (PCS) to the United States Army Recruiting Command, 
San Antonio, Texas, with a reporting date of 20 May 2004.

3.  On 31 January 2008, the applicant submitted a recreated travel voucher 
(DD Form 1361-2) to DFAS for his PCS move and partial DITY move from Sacramento Recruiting Battalion to San Antonio Recruiting Battalion.

4.  On 5 February 2008, the applicant submitted an Application for Remission or Cancellation of Indebtedness (DA Form 3508) based on both hardship and injustice.  The applicant stated in his request that the debt incurred was for a 2004 DITY move from Sacramento Recruiting Battalion to San Antonio Recruiting Battalion.  He states that in order to in-process at Fort Sam Houston, Texas, it was required that all travel and DITY moves be closed out, and that he turned in all required documents and closed out his move at that time.  He claims he was never informed of the $2,443.20 debt in question until the money began being collected from his pay, and when he contacted DFAS, he learned the debt was related to his 2004 DITY move.
5.  In the DA Form 3508, the applicant further indicated that DFAS officials informed him he was required to re-create and resubmit documents (weight tickets etc) for his 2004 DITY move, and when he explained that this was impossible because all his documents were lost during a hurricane after his move to Louisiana, he was informed the only way to stop recoupment of the debt was to apply to the ABCMR.  

6.  On 13 February 2008, the applicant's commander signed the DA Form 3508, and on 27 February 2008, the commander submitted a recommendation of approval of the applicant's request for Remission or Cancellation of Indebtedness.  The commander stated that the applicant could not provide documents to verify his travel and DITY move because he had lost everything he owned during a hurricane while stationed in New Orleans.  He further stated through no fault of his own, the applicant was indebted to the United States Army due to an administrative error.  He further stated that the applicant acted in good faith and was not aware of the error and should not have to suffer the consequences.  

7.  On 7 May 2008, the United States Army Human Resources Command (HRC), Alexandria, Virginia, Chief, Operations Management Division, disapproved the applicant's request for remission or cancellation of his indebtedness in the amount of $2,443.20.  This official advised the applicant to contact the Finance and Accounting Office for proration of his debt and stated that if he felt an injustice had occurred surrounding the collected portion of the debt he could apply to the ABCMR for further review.  This HRC official did not state the specific reasons for denial in the disapproval memorandum.  

8.  The applicant provides a copy of his January 2008 LES, which shows he had incurred a debt in the amount of $2,443.20 and that $320.32 had been garnished from his pay.

9.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) prescribes Army policies and guidance for remission or cancellation of indebtedness to the United States Army.  It states that applications must be based on injustice, hardship, or both.  This includes debts caused by errors in pay to or on behalf of a Soldier.  Paragraph 1-6 (Indebtedness to the U.S. Army that may be remitted or canceled under 10 USC 4837) provides that an enlisted Soldier's debts to the United States Army may be remitted or canceled on the basis of this regulation in cases arising from payments made in error to a Soldier; payments made in excess of an allowance on behalf of a Soldier; debts incurred while serving on active duty as a Soldier; debts acknowledged as valid; and debts for which an appeal has been denied.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his debt in the amount of $2,443.20 is unjust based on a 4 year old error made by DFAS was carefully considered and found to have merit.  By regulation, a Soldier’s debt may be remitted or cancelled based on injustice, hardship, or both, which includes debt caused by errors in pay to or on behalf of a Soldier.  

2.  The evidence of record confirms the applicant submitted the necessary documents (DD Form 1351-2, weight tickets, receipts etc) for his PCS and partial DITY move in 2004 during in-processing at Fort Sam Houston, Texas, and as a result was appropriately reimbursed for his travel and DITY move.  It further shows that some 4 years later, DFAS imposed a debt on the applicant for this move.  

3.  The evidence of record further confirms the applicant submitted an application for remission or cancellation of indebtedness as soon as he was made aware of the debt based on hardship and injustice.  In his application, he and his commander confirmed he could not recreate the documents related to his 2004 PCS travel and DITY move because all of his documents were lost during a hurricane after a subsequent PCS to Louisiana.  His commander verified the applicant's application for remission or cancellation of the debt and recommended approval because the debt was through no fault of the applicant.  

4.  The record also shows that HRC denied the applicant's application for remission or cancellation of debt; however, no specific reasons were provided for this denial.  The governing regulation provides for remission or cancellation of debts arising from payments made to a Soldier in error based on injustice and hardship, and based on the confirmation of the applicant's unit commander that the applicant's travel documents were lost and that the debt was incurred through no fault of the applicant, relief to prevent undue hardship on the applicant and his family appears to be appropriate in this case.  
 
5.  In view of the facts of this case, given the administrative error that caused the debt in question was through no fault of the applicant and would cause undue hardship on him and his family, there appears to be sufficient evidence to support the cancellation or remission of the applicant’s indebtedness to the Government, to include reimbursement for any portion of the debt already collected.  Therefore, it would be appropriate and serve the interest of justice and equity to correct the applicant's record to show his application for cancellation or remission of debt was approved based on hardship and injustice, and to cancel his debt to the Government, to include reimbursing him for any portion of the debt already collected. 
BOARD VOTE:

____x___  ___x____  ____x___  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 by showing his application for remission or cancellation of indebtedness for his $2,443.20 debt to the Government was approved for the full amount of the debt; and by reimbursing him any portion of the total debt that has already been collected.  




      _______ _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)                                         AR20080010821



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010821



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1