IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110009975 


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/cancellation of $710.00 of debt incurred as a result of leave he took from 18 December 2009 through 4 January 2010.

2.  The applicant states he has sufficient evidence showing he performed U.S. Army Hometown Recruiter Assistance Program (HRAP) duty during his Christmas exodus leave.

3.  The applicant provides:

* letter from Defense Finance and Accounting Service (DFAS), dated 11 August 2010
* DA Form 31 (Request and Authority for Leave), undated
* notification that his application was entered into the HRAP System
* DD Form 2789 (Waiver/Remission of Indebtedness Application)
* Debt Reason Information
* two Defense Finance and Accounting Service-Indianapolis (DFAS-IN) Forms 0-642 (Statements of Military Leave Account)
* Wage and Tax Computation Sheet
* letter to DFAS from a U.S. Senator
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 047-2206, dated 16 February 2010


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 October 2009.

2.  The available records show the applicant requested and was granted ordinary leave from 18 December 2009 through 4 January 2010.

3.  He submits an undated notification printed on 21 December 2009 showing his application was entered into the U.S. Army HRAP System.  The instructions state,  "Upon approval of your HRAP application, you will receive a DA Form 31.  This document is needed when you report to the recruiting station.  For the period that you perform HRAP in a permissive temporary duty (PTDY) status, you will not be charged leave.  When you are released from HRAP duty, you are returned to your original leave and on to your gaining unit."  The notification does not verify his application was approved.

4.  The DA Form 31 he submits shows he had accrued 5 days of leave when he requested his leave in December 2009, he requested 18 days of leave, and he was advanced 13 days of leave.  Item 17 (Remarks) contains the hand-written statement, "[Service member] did HRAP during 18 December 2009 through 31 December 2009."  This statement is initialed by the applicant and signed by the recruiting station commander who provided his rank, name, and telephone number for verification.

5.  The applicant was discharged on 16 February 2010 due to a defective enlistment agreement.

6.   He submits a Debt Reason Information sheet and DFAS-IN Forms 0-642 showing a negative leave balance of 7.5 days and overpayment of $710.60.  He submits a letter from DFAS to his State Senator, dated 11 August 2010, which states his debt remains valid.

7.  The applicant submits a DD Form 2789 which shows he submitted a Waiver/Remission of Indebtedness Application to DFAS on 17 April 2011.  His application shows he is $714.56 in debt to the U.S. Army as a result of negative leave days.  In item 14 (Reason for Requesting Waiver/ Remission and Why You Feel It Should Be Approved) he replied that he completed HRAP duty during the time he was on leave.

8.  He enlisted in the U.S. Army Reserve (USAR) for 8 years on 12 May 2011.


9.  Army Regulation 601-2 (Army Promotional Recruiting Support Programs), chapter 7, establishes policies and procedures for the HRAP and Special Recruiter Assistance Program (SRAP).  It states the objective of the HRAP and the SRAP is to support the Army's belief that everyone has a responsibility to assist in the Army's recruiting efforts and mission.  This is accomplished, in part, by the following:

	a.  achieving the Chief of Staff of the Army's guidance on Army support to recruiting;

	b.  allowing new Soldiers the opportunity to bridge the gap with America's youth while telling their Army story in their community;

	c  allowing all Soldiers, both officers (commissioned/warrant) and enlisted, the opportunity to further reinforce the Army's commitment to excellence;

10.  Army Regulation 601-2, paragraph 7-3 (HRAP and Procedures), states Soldiers must be a basic combat training (BCT) graduate, advanced individual training (AIT) graduate, or one station unit training (OSUT) graduate.  It states:

	a.  Participation in HRAP is an exception to PTDY guidelines in Army Regulation 600-8-10 (Leaves and Passes).  As an exception to Army Regulation 600-8-10, HRAP duty is authorized for PTDY and HRAP participants may conduct public business.  Volunteers who participate in HRAP in a PTDY status are not authorized to claim reimbursement for travel expenses and per diem allowances for the period of PTDY.

	b.  As an exception to Army Regulation 600-8-10, the first lieutenant colonel in the Soldier's chain of command may approve PTDY for a period up to 14 days. 
The Commanding General, USAREC, may approve/disapprove extensions beyond the original HRAP period of 14 days, but he or she may not extend anyone beyond a total of 20 days of HRAP duty under this program.  The extension approval will be annotated on DA Form 31 in block 15 (Extension) by the CG, USAREC.  This approval may be delegated to recruiting brigade or battalion commanders.

	c.  Soldiers (Active Army officer and enlisted) who are currently on leave and meet the requirements in paragraph 10a above may be permitted to participate in HRAP.  Under these circumstances, the approval authority is the recruiting battalion commander.  USAREC will not extend HRAP duty past the end date annotated on the original DA Form 31 in block 10 (Dates).


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available records show he applied to participate in HRAP.  However, there is no evidence in the available record and he has not submitted sufficient evidence showing his application for participation in HRAP was approved.  He also submits no evidence showing that he completed any of the training required in the applicable regulation to qualify for participation in the HRAP.  

3.  In the absence of an approved HRAP application and sufficient evidence showing he successfully participated in HRAP, his request should be denied.

4.  Although there is an annotation on the DA Form 31 he submitted stating he participated in the HRAP he provides no explanation or documentation from any Army official on how he became aware of the HRAP and the qualifications for participation.  Without additional information from the applicant regarding his qualification and successful completion of BCT and/or AIT, the DA Form 31 he submitted is not sufficient to warrant the 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 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)                                         AR20110009975



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ABCMR Record of Proceedings (cont)                                         AR20110009975



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