IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100010293
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 of his Department of Defense (DOD) debt.
2. The applicant states:
a. With regard to his debt of $525.49 due to loss or damage to Government property or equipment, he contends the equipment was not lost. Upon discovering the equipment was missing, he requested and was denied permission to attempt to retrieve the equipment by his lead drill sergeant.
b. With regard to his debt of $302.00 for a fine (forfeiture for one month of pay, effective 16 January 2009), this was a punishment fine for fraternizing with a female. This punishment was received during a wall locker inspection. Upon the inspection from the drill sergeant, a letter from a prior enlisted female Soldier from the same company, different platoon, was found. There was no fraternizing and he did not ask for the letter. The female sent this letter without his knowledge because she knew the company and platoon address.
c. With regard to his debt of $289.99 due to leave he took resulting in a negative leave balance of 9.5 days which includes a penalty of 1.0 day, he is willing to pay the charges for this debt.
d. He is currently unemployed and a college student. He has saved $289.99 for the leave debt but he does not have the money or means of paying the other charges.
3. The applicant provides:
* a self-authored letter, dated 18 February 2010
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from a Member of Congress to the Army Review Boards Agency, Arlington, VA, dated 2 March 2010
* two Defense Finance and Accounting Service (DFAS) Forms 702 (Military Leave and Earnings Statements) for check dated 3 April 2009 and
10 April 2009
* a DFAS Account Statement, dated 10 July 2009, concerning his total debt
* a letter from the Department of the Treasury, Financial Management Service, Birmingham, AL, to the applicant, dated 24 October 2009
* a letter to a Member of Congress from the Office of the Chief of Legislative Liaison, The Pentagon, Washington, DC, dated 2 February 2010
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 23 August 2008 for a period of 8 years. He was ordered to active duty for training on 12 November 2008. On 18 February 2009, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failing medical/physical/procurement standards. His character of service was uncharacterized.
2. The applicant provided a DFAS Account Statement, dated 10 July 2009, which shows:
* His debt of $525.49 is a recoupment due to loss or damage to Government property or equipment
* His debt of $302.00 is for a fine (a forfeiture of pay for one month of $302.00)
* His debt of $289.99 is to recoup the period of 25 December 2008 to 2 January 2009 due to leave he took resulting in a negative leave balance of 9.5 days which includes a penalty of 1 day
3. The applicant provided documentation, dated 7 December 2009, from the Department of the Treasury, Financial Management Service which states his unpaid delinquent debt owed to DFAS was referred to the U.S. Department of the Treasury, Financial Management Service, for collection. He owes $1,382.60 as of 7 December 2009.
4. There is no evidence of record which shows the lost/damaged Government property/equipment for which the applicant was charged $525.49 was not lost.
5. There is no evidence of record which shows the applicant paid a fine of $302.00 (forfeiture of pay for one month) or $289.99 for his negative leave balance.
6. Army Regulation 27-10 (Military Justice) states, in pertinent part, whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered.
2. In the absence of extraordinary circumstances there is a reluctance to substitute a judgment for that of the commander who imposed the fine (forfeiture of pay for one month) against the applicant.
3. There is no evidence of record and the applicant has provided no evidence which shows his consolidated debts were improperly imposed.
4. The fact that the applicant is unemployed and a college student does not mitigate his obligation to pay his just debts.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X_ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20100010293
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ABCMR Record of Proceedings (cont) AR20100010293
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