IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110012810
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 that his debt in the amount of $24,495.18 be remitted or cancelled.
2. The applicant states he applied for remission or cancellation of indebtedness in the amount of $24,495.18 and it was approved in a partial amount of $12,247.59. He further states the review determined that no grounds existed to remit or cancel the debt based on hardship or injustice. He goes on to state that the movers came to both homes and conducted a pre-inspection and at no time did anyone mention he might be over the weight limit, let alone in excess of $24,000.00. He also states if he had been given a warning that he would be over his weight limit he would not have shipped all of his household goods so as to ensure that he would be under the weight limit and not place himself in an unexpected debt.
3. The applicant provides:
* a DD Form 1797 (Personal Property Counseling Checklist)
* memoranda from his company and battalion commanders supporting the cancellation of his indebtedness
* a memorandum from a Defense Finance and Accounting Service (DFAS) official recommending approval of his request for remission or cancellation of indebtedness
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 June 1997 for a period of 4 years, training as a medical specialist, and a cash enlistment bonus. He completed his training at Fort Sam Houston, TX and was transferred to Aberdeen Proving Ground, MD. He was promoted to the pay grade of E-5 on 23 June 2000 and on 2 October 2002 he reenlisted under the bonus extension and retraining (BEAR) program for a period of 5 years, training as a respiratory specialist, and a selective reenlistment bonus (SRB).
2. He completed his training and he was transferred to Hawaii in November 2002. He was promoted to the pay grade of E-6 on 1 July 2004 and on 15 May 2007 he reenlisted for a period of 4 years. He was promoted to the pay grade of E-7 on 1 July 2007. In 2008 he was accepted into the Army Medical Department (AMEDD) Enlisted Commissioning Program (AECP).
3. He departed Hawaii in June 2009 and he was transferred to South Carolina State University where he obtained a Bachelor of Science Degree in Nursing in May 2011.
4. On 5 October 2011, the applicant was honorably discharged to accept a commission in the Army. At the time he served 14 years, 3 months, and 11 days of creditable active service. On 6 October 2011, he was appointed a second lieutenant in the Army Nurse Corps and he was transferred to Fort Sam Houston to complete the Basic Officer Leaders Course.
5. The applicant has not provided any documentation related to the amount he was overweight or his actual indebtedness with his application. However, information received from the Office of the Deputy Chief of Staff G-4 indicates the applicants case was reviewed by the U.S. Army Human Resources Command (HRC) for remission or cancellation of indebtedness and approved in a partial amount of $12,247.59. However, HRC determined no grounds existed to remit or cancel the debt for hardship or injustice.
6. A review of the DD Form 1797 provided by the applicant, dated 22 May 2009, shows he was advised that his shipping weight allowance was 13,000 pounds.
7. A review of the Joint Federal Travel Regulation (JFTR) shows that at the time the applicant was transferred to Hawaii in the pay grade of E-5 in November 2002, his maximum weight allowance was 9,000 pounds.
8. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for processing applications for remission/cancellation of indebtedness. It states a debt to the government may be cancelled if it is determined that based on the information received, an injustice or hardship, or both, exist. It also states that the Soldiers awareness of policy and procedures will be considered as well as whether or not the Soldier inquired of proper authority and was told that the payment was correct.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his debt should be remitted or cancelled has been noted and appears to lack merit.
2. The applicant has not provided any documentation with his application that explains his debt, the amount or cause of his being overweight, or any explanation as to how or why he accumulated such a large amount of household goods or why he was making shipments from two homes.
3. He was authorized to ship 9,000 pounds of household goods when he went to Hawaii and 13,000 pounds when he departed Hawaii. Given he was a senior noncommissioned officer, it is reasonable to presume that he would have understood the weight limitations he was under in regard to accumulating and shipping additional household goods.
4. Additionally, the applicant has not provided any evidence or explanation as to how the payment of his debt would cause a hardship or how it constitutes an injustice.
5. In view of the foregoing, there is an insufficient evidentiary 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) AR20110012810
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ABCMR Record of Proceedings (cont) AR20110012810
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