IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120004942
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 his debt to the government in the amount of $4,389.16 be reduced to $2,212.80 plus 1 1/2 days of excess leave due to errors in coding.
2. The applicant states the amount owed should be for 15 days of excess leave that was cashed in plus 1 1/2 days of excess leave. He goes on to state he should not have to pay for the extra entitlements he was authorized while he was serving on Title 10 orders. He continues by stating he does not dispute the fact that he owes $2,212.80 and 1 1/2 days of excess leave; however, he does not believe he owes $4,389.16.
3. The applicant provides:
* two personal sworn statements, dated 7 October 2011 and 14 February 2012, explaining the basis for his request
* his denial of his request for remission/cancellation of indebtedness by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 7 February 2012
* three DA Forms 31 (Request and Authority for Leave) for the periods
21-26 November 2010, 17-27 December 2010, and 5-19 June 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 July 2011
* two Defense Joint Military Pay Systems Reserve Component (DJMS-RC) Leave Master Active Duty Tour Information, as of 15 February 2012
* a Defense Finance and Accounting Service (DFAS) Form 702 for the period 1 June 2011, 1 July 2011, and 18 July 2011
* Orders A-06-018759, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 25 June 2010
* copies of emails between 13 and 16 December 2010
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 September 1984 and he served until he was honorably released from active duty (REFRAD) on
26 January 1989. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
2. He continued to serve in the USAR until 29 June 2004, at which time he enlisted in the Georgia Army National Guard (GAARNG), where he has continued to serve. He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 7 November 2011.
3. There is no evidence of record and the applicant did not provide any documents to show the specifics of his debt to the government. There is also no evidence to show he applied to DFAS for resolution of his debt. However, he provided a copy of a memorandum from HRC, Fort Knox, that denied his request for remission or cancellation of indebtedness because he had failed to show the debt caused a financial hardship or that it was unjust.
4. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for the remission or cancellation of indebtedness. It provides that the objective of remission or cancellation is to remit or cancel debts that are considered unjust.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that his debt is unjust is not in question, he simply has not provided sufficient evidence to establish that such was the case.
2. The applicant has provided no documentation to show the actual amount of his debt or the basis for his debt from DFAS. He has also not provided any evidence to show he has disputed the debt with DFAS.
3. Without evidence to show how the debt was calculated, it is not possible to determine if any part of the debt is invalid.
4. Therefore, in the absence of sufficient evidence to show his debt is unjust and was improperly adjudged, there appears to be 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) AR20120004942
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ABCMR Record of Proceedings (cont) AR20120004942
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