IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110016475
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 the remainder of her debt in the amount of $18,784.90 be cancelled or remitted.
2. The applicant states, in effect, that her original debt of $56,384.70 has been partially remitted by $37,589.80; however, she cannot afford to pay the remaining $18,784.90 because it will impose a financial hardship on her.
3. The applicant provides a copy of her original request for remission/cancellation of debt.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in the pay grade of E-4 on 31 August 2005 for a period of 4 years and 22 weeks, training as a human resources specialist, participation in the student loan repayment program, and a $5,000 enlistment bonus.
2. She completed her training at Fort Jackson, South Carolina and subsequently received an assignment to Heidelberg, Germany with her family. The applicant was residing in government quarters and during the course of her tour her spouse was required to leave the country for misconduct. As a result, the applicant filed a claim for travel reimbursement and finance personnel incorrectly initiated action to pay her BAH (basic allowance for quarters) for the area in which her husband returned (New Jersey). As a result, the applicant was residing in government quarters and was also receiving BAH allowances for a period of 32 months.
3. The applicant reenlisted on 18 March 2009 for a period of 2 years. At the time of her departure the mistake was discovered and the applicant was informed that she had been overpaid $56,348.70 and would be required to repay it. She was transferred to Fort Jackson, South Carolina.
4. The applicant submitted a request for cancellation/remission of her debt to the Human Resources Command (HRC) and HRC approved partial cancellation/
remission of her debt in the amount of $37,589.80 on 4 December 2009. The HRC determined that the applicant had not submitted grounds to cancel or remit the remaining portion of the debt due to hardship or injustice and advised her that she could apply to the Board.
5. The applicant reenlisted on 28 October 2010 for a period of 3 years and assignment to Fort Sill, Oklahoma.
6. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 which opines that the applicants request should be denied because there was no evidence that the applicant had made any changes in her discretionary spending in order to repay the debt.
7. The advisory opinion was provided to the applicant for comment and she responded to the effect that she could not afford to repay the debt. She further states that she knows that she was overpaid and she has learned from her mistake but she is the only source of income for her family.
8. The applicant was promoted to the rank of sergeant E-5 on 1 February 2012.
9. Army Regulation 600-4 serves as the authority for processing applications for cancellation/remission of indebtedness. It states, in pertinent part, that 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 the remainder of her debt should be cancelled or remitted has been noted and appears to lack merit.
2. Although a substantial portion of her debt has already been cancelled/remitted the applicant has failed to show sufficient evidence to warrant cancellation of the remainder of the debt.
3. The applicant received dual housing benefits for almost 3 years that she was not entitled to receive and the government is entitled to have that money returned just as she would be entitled if she had been underpaid.
4. Accordingly, there appears to be no basis to grant her request to relieve her of the responsibility to repay a just debt, especially given that she has recently been promoted and will have more funds available in which to manage her budget.
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) AR20110016475
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110016475
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020694
The applicant provides: * an undated, self-authored statement * an envelope, postdated 7 November 2012 and 5 January 2013 * a portion of a lease agreement, printed on 3 September 2013 * his divorce decree, dated 14 November 2012 * a letter from the Fort Bragg, North Carolina MPO, dated 28 August 2013 * a letter from the U.S. Army Human Resources Command (HRC), dated 28 July 2014 CONSIDERATION OF EVIDENCE: 1. His record contains a divorce decree, dated 14 November 2012, which shows Claudia...
ARMY | BCMR | CY2010 | 20100016673
The applicant requests remission or cancellation of his debt to the Government in the amount of $19,452.97. A review of the applicants official records shows that prior to being appointed as an aviator warrant officer, the applicant served as a personnel sergeant responsible for the daily administration and operation of a personnel administration center servicing over 523 Soldiers and civilians in matters related to finance and personnel actions as well as many other types of actions. The...
ARMY | BCMR | CY2011 | 20110011765
Application for correction of military records (with supporting documents provided, if any). On 25 May 2011, his company commander submitted a memorandum to the Defense Accounting Office (DAO)/Finance and Accounting Office (FAO) recommending approval of cancellation of indebtedness for the applicant due to financial hardship the debt imposed on the applicant. The evidence of record does not support the applicant's contention regarding documents were missing from the packet he submitted to...
ARMY | BCMR | CY2001 | 2001062175C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant provided a...
ARMY | BCMR | CY2014 | 20140009551
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states, in effect, that upon her return from deployment she completed the Reverse Soldier Readiness Process (RSRP) on 23 July 2013 to include finance in order to stop her combat pay entitlements. Accordingly, there appears to be no basis to grant the applicants request to remit or cancel the remainder of her debt.
ARMY | BCMR | CY2012 | 20120014144
Finance instructed me to submit the request and if I was not entitled to receive FSA, Finance would not authorize funding. The evidence of record does not support the applicant's request for full remission or cancellation of a debt in the amount of $28,554.80. The available records show the applicant received erroneous payments of FSA, COLA, HDP, and BAH.
ARMY | BCMR | CY2012 | 20120017641
The applicant states she was informed by the Fort Campbell Defense Military Pay Office, Fort Campbell, KY, that the BAH was not corrected and she had a BAH overpayment debt. However, there is no evidence in her available records and she has not provided evidence which shows the Fort Campbell Defense Military Pay Office was in error when it approved BAH for her based on her DA Form 5960. However, there is no evidence in the applicant's available record that shows the Fort Campbell Defense...
ARMY | BCMR | CY2013 | 20130006393
The applicant states: a. Her finance office told her she had been given dual OHA and the debt was to pay this money back because she was not authorized OHA or BHA for her husband in the states, only for her son who was there in Brussels with her. Effective 1 January 1998, in general, a member on active duty entitled to basic pay is authorized a housing allowance based on the members grade, dependency status, and location.
ARMY | BCMR | CY2014 | 20140012103
The applicant states he submitted an application for FSSA that was approved by the Defense Finance and Accounting Service (DFAS). He is prepared to pay back the funds he received during the additional months because he knew he was not entitled to this pay; however, he should not have to repay the funds he received during the first 3 months because he believed DFAS approved his application and the entitlement was his. After careful review of this case, the applicant's debt resulted from his...
ARMY | BCMR | CY2003 | 2003086367C070212
He states that if he were not authorized to receive the BAH-DIFF pay, the finance office in Germany should not have authorized the payment. In his supporting statement, the unit commander also indicated that other soldiers were receiving BAH-DIFF for the same reasons as the applicant, and it was the opinion of finance officials in Germany that the applicant was entitled to the allowance. Therefore, Board concludes that it would be appropriate to correct the applicant’s record to show his...