IN THE CASE OF:	

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090011545 


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, reimbursement of $1,370.96 that was erroneously collected from his pay.

2.  The applicant states, in effect, that during his in-processing when assigned to Qatar, the finance clerk erroneously coded his Basic Allowance for Housing (BAH) rate to reflect he lived off post.  This error was discovered by his company commander when she received answers to her inquiries regarding her own entitlement for which she used his leave and earnings statements (LESs).  He claims he spoke to finance clerks for four straight months after his arrival in Qatar asking them to explain why his entitlement kept changing and what he was specifically entitled to while in the theater.

3.  The applicant provides the following documents in support of his application:  self-authored statements; U.S. Army Human Resources Command (USAHRC) memorandum, dated 6 March 2009; U.S. Central Command, Joint Security Office memorandum, dated 26 November 2008; 9th Financial Management Company Memorandum for Record, dated 11 December 2008; DD Form 139 (Pay Adjustment Authorization), dated 11 December 2008; D Company, 230th Financial Management Company Response, dated 6 March 2009; and DFAS Form 702 (Defense Finance and Accounting Service (DFAS) Military Leave and Earning Statement) for the period 1-30 September 2008 which shows cost of living allowance (COLA) entitlement in the amount of $1,069.53 and an advance debt in the amount of $1,370.96.


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) on
16 October 1987 and that he continues to serve in that status through the present.

2.  The applicant's record shows he was assigned to Camp As Sayliyah, Qatar during the period 15 May 2008 through 14 May 2009.

3.  On 26 November 2008, the applicant's commander submitted a letter in support of the applicant's request for remission of his debt in the amount of $1,370.96 to DFAS.

4.  On 11 December 2008, the applicant submitted a DD Form 139 requesting remittance of his debt in the amount of $1,370.96.  The approving authority recommended approval of the applicant's request based on the fact that there was no intent to defraud the government and that upon his knowledge of the error the applicant promptly went to the servicing finance office to rectify the situation.

5.  On 6 March 2009, the USAHRC Operations Management Chief approved the applicant's request for remission/cancellation of indebtedness in the amount of $1,370.96.

6.  During the processing of this case an undated advisory opinion was obtained from the Chief, Claims Branch, DFAS.  This official stated that the applicant had reported for duty in Qatar on 3 May 2008 and upon arrival an entitlement to COLA was posted to his pay account.  Unfortunately, the COLA entitlement was for a service member living off post which is considerably higher than for one living on post, such as the applicant.  The advisory official stated that over the next four months the applicant made several attempts to resolve the error prior to finance posting the correction.  However, it was never resolved and regrettably the corrective action put the applicant in debt in the amount of $1,370.98.

7.  The DFAS official further states that on 11 December 2008, a DD Form 139 was also completed and certified to remit the debt amount equal to the debt listed on his Master Military Pay Account (MMPA).  Subsequently, on 6 March 2009, the applicant's request for remittance of his debt was approved by USAHRC.  However, as of this date the credit in the amount for $1,370.96 has not been posted.


8.  The DFAS advisory opinion recommended that the DD Form 139 be posted as a credit to the applicant's pay account which will offset the collection of COLA and properly restore his pay account.

9.  On 10 January 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for remission of his debt in the amount of $1,370.96 was carefully considered and found to have merit.

2.  The evidence of record confirms that upon the applicant's arrival in Qatar, through no fault of his own, his entitlement to COLA was erroneously posted as a service member living off post instead of on post.  The evidence of record confirms that once the error was detected the applicant made several attempts over a four month period to resolve this error prior to finance posting the correction.

3.  The evidence of record further confirms the applicant used his chain of command to address his debt situation and he submitted a DD Form 139 which was completed and certified to remit the debt.  Subsequently, on 6 March 2009, USAHRC approved his request for remission of his debt.  However, as of this date the credit in the amount of $1,370.96 has not been posted to his pay account.  As a result, his records should be corrected to ensure this debt will be remitted.

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 that he was authorized COLA at the off-post rate while serving in Qatar from May 2008 through May 2009 and that, as a result of this correction, any collections made by DFAS for this indebtedness be refunded to the applicant as an erroneous collection.




      ___________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)                                         AR20090011545



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ABCMR Record of Proceedings (cont)                                         AR20090011545



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