IN THE CASE OF:	  

		BOARD DATE:	       30 JUNE 2009

		DOCKET NUMBER:  AR20090000316 


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 payment for civilian clothing allowance in the amount of $1,163.89.

2.  The applicant states that he was entitled to civilian clothing allowance from July 1998 until his retirement on 1 October 2008, but has not received this allowance since 1 October 2004.  The applicant maintains that he discovered this error in May 2008.  Upon discovery, he states that he requested payment on three separate occasions, May, July, and September 2008.  The applicant adds that in October 2008 he was told that although he is entitled to the money for the clothing allowance, he can no longer be paid through the active duty pay system due to his retirement. 

3.  The applicant provides a memorandum, dated 4 December 2008, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted into the Regular Army (RA) on
13 April 1988.  On 30 September 2008 he was released from active duty by reason of sufficient service for retirement and transferred to the U.S Army Reserve (USAR) Control Group (Retired).

2.  In a memorandum, subject:  Request for Civilian Clothing Allowance [Applicant], dated 4 December 2008, the Assistant Chief of Staff, G-1, United 
States Army Intelligence and Security Command (INSCOM), Fort Belvoir, Virginia, stated that due to an administrative oversight, the applicant's request was not processed prior to his retirement.  He further indicated that the applicant was entitled to receive a total of $1,163.89 in clothing allowance based on the following periods: 
	
   a.  October 2004 through September 2005, $281.81;

	b.  October 2005 through September 2006, $287.45;

	c.  October 2006 through September 2007, $293.78; and

	d.  October 2007 through September 2008, $300.84.

3.  On 12 January 2009, the Chief, Case Management Division, Army Board for Correction of Military Records (ABCMR), requested additional information/
documentation from the applicant in support of his claim.  Via email on              12 January 2009, the applicant was asked to provide an explanation as to why he had not applied for clothing allowance since 2004 and prior to his retirement.  Additionally, the applicant was requested to provide a copy of the paperwork he submitted to finance requesting civilian clothing allowance pay and finance's response to his requests.  

4.  On 21 January 2009, the applicant responded to the request for additional information.  The applicant stated that due to his association with his former Army unit affiliation and based on the information required on the civilian clothing allowance requests, all of his requests were classified.  He added that his unit agreed to create an unclassified memorandum to substantiate his claim.  The applicant then stated that his failure to claim his civilian clothing allowance was an administrative oversight that he did not discover until he reviewed his records shortly before his last permanent change of station in late May 2008, at which time he submitted his request.  He followed up in early August 2008 at which time additional information was required.  Having yet to receive any payment, he followed up again in October 2008 at which time he was told the finance office personnel could not make any input since he (applicant) already retired.  He was advised to submit an application to this Board for resolution.     

5.  There is no information in the applicant's Official Military Personnel File (OMPF) that shows his unit of assignment during the period in question.  In fact, there is no information on his OMPF that verifies his military service after July 1998.  

6.  In the process of this case, a staff of the Board attempted to obtain financial information from the Special Operations Office at U.S. Army Human Resources Command (USAHRC), but no information was available.

7.  Department of Defense Financial Management Regulation, Volume 7A, Chapter 29, provides for Permanent Duty Civilian Clothing Allowances.  The regulation states that the Permanent Duty Civilian Clothing Allowance has two parts, the Initial Civilian Clothing Allowance and the Replacement Civilian Clothing Allowance.  The Initial Civilian Clothing Allowance is payable upon assignment to qualifying permanent duty when authorized by the Service concerned.  When entitled, the Replacement Civilian Clothing Allowance is payable annually at the end of the service member’s anniversary month using the applicable rate then in effect.  The amounts authorized by the Service concerned shall be within the maximum rates established in Table 29-8.

8.  The regulation further states that the Service may be given authority to pay the Initial Civilian Clothing Allowance and up to two Replacement Civilian Clothing Allowance payments in an up-front lump sum to members when it is projected that they will continue to meet the eligibility criteria for a Civilian Clothing Allowance on a career basis.  Such a lump-sum payment may be made only one time in a member’s career and that is when the member first becomes eligible for the allowance.  At the end of the anniversary months for the third and subsequent years of eligibility, the member will be paid the Replacement Civilian Clothing Allowance.

DISCUSSION AND CONCLUSIONS:

1.  The Chief, ABCMR Case Management Division, requested that the applicant provide additional information, such as his request to finance and their response to him concerning his claim for civilian clothing allowance for the period 2004 through 2008.  However, the applicant failed to provide this documentation citing that the information was deemed classified.  

2.  Nevertheless, the Assistant Chief of Staff, INSCOM provided a memorandum substantiating the applicant's entitlement to civilian clothing allowance, the period of the entitlement, and the amount.  Therefore, based on the evidence provided and provided an audit of the applicant's records at the Defense Finance and Accounting Service (DFAS) confirm that the civilian clothing allowance for the periods in question has not already been paid, it would be appropriate to grant the applicant's requested relief.  



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 he is entitled to receive a total of $1,163.89 in clothing allowance for the following periods (after first auditing his DFAS records to ensure the clothing allowance for these periods has not ready been paid):  

   a.  October 2004 through September 2005, $281.81;

	b.  October 2005 through September 2006, $287.45;

	c.  October 2006 through September 2007, $293.78; and

	d.  October 2007 through September 2008, $300.84.




      ___________XXX____________
               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)                                         AR20090000316



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ABCMR Record of Proceedings (cont)                                         AR20090000316



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