IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20120005786
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 in the amount of $6,669.00 be remitted.
2. The applicant states:
* The U.S. Army Human Resources Command denied his application for remission or cancellation of indebtedness and determined that no grounds existed to remit or cancel the debt based on a hardship or injustice
* He received the first payment of $6,669.00 in February 2009 for travel pay
* Two months later he received a second payment of $6,669.00
* He called the Defense Finance and Accounting Service (DFAS) and told them about the deposit made in April 2009 and he was told it was his final payment for his Do It Yourself (DITY) move
* In September 2010 he was notified by DFAS he was overpaid $6,669.00
* He took the DFAS email to his finance office at Fort Bragg, NC and they told him as far as they could see or tell he owed nothing and his travel vouchers were properly completed
* He spoke to a DFAS official and he was told the debt was valid
3. The applicant provides:
* Memorandum, dated 12 January 2011, from the U.S. Army Human Resources Command, Fort Knox, KY
* DA Form 2823 (Sworn Statement), dated 12 October 2010
* Two recommendations for remission of debt
* Army Emergency Relief worksheets
* DA Form 3508 (Application for Remission or Cancellation of Indebtedness)
* Travel vouchers
* Letter, dated 9 August 2010, from DFAS
* Individual Traveler Valid Payment History in "ODS"
* Travel Voucher or Subvoucher
* DD Form 2278 (Application for DITY Move and Counseling Checklist)
* Letter, dated 3 April 2012, from a Member of Congress
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 February 1998. He has remained on active duty through continuous reenlistments.
2. On 16 January 2009, he submitted an application for a DITY move from Fort Sill, OK to Fort Bragg, NC. This form shows the estimated advance operating allowance totaled $6,669.00.
3. He provided DFAS travel vouchers which show he was advanced:
* $6,669.00 on 10 February 2009
* $6,669.00 on 7 April 2009
4. On 9 August 2010, he received a notice of indebtedness for an outstanding permanent change of station (PCS) travel debt in the amount of $6,669.00.
5. He was promoted to sergeant first class on 1 June 2011.
6. On 6 October 2010, the applicant submitted an application for remission or cancellation of indebtedness in the amount of $6,669.00 based on a hardship and an injustice.
7. He provided memoranda, dated 12 October and 21 October 2010, from his Commanding Officer and the lead financial counselor at Fort Bragg, NC. The recommendation is that his debt be cancelled in whole for the cited reasons:
* The collection of a debt over 19 months old is unjust because it places an unnecessary financial burden on the applicant and his family
* The untimely manner of collection does not allow for proper investigation
* The applicant has hard copies of supporting documents to show how payments were made to him
* The untimely payment of travel vouchers submitted from various activities caused him concern but DFAS assured him that the money was his
* After a careful review of the applicant's budget he has a monthly surplus of $61.00 and he is not in a position financially to repay the debt
* If the indebt is not forgiven, prorate the debt over an extended period to lessen the financial hardship it would cause him
8. On 12 January 2011, his application for remission or cancellation of debt in the amount of $6,669.00 was disapproved. The Chief, Special Actions Branch, U.S. Army Human Resources Command, Fort Knox, KY determined that no grounds existed to remit or cancel the debt based on a hardship or an injustice.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows in January 2009 the applicant submitted an application for a DITY move from Fort Sill, OK to Fort Bragg, NC and the estimated advance operating allowance totaled $6,669.00.
2. The evidence shows he was advanced $6,669.00 on 10 February 2009 and two months later, on 7 April 2009, he received a second advance of $6,669.00. As a result, he incurred a debt in the amount of $6,669.00.
3. He contends he was overpaid through no fault of his own. However, he received a benefit in the amount of $6,669.00, a benefit similarly-situated Soldiers did not receive.
4. His remaining contentions and the letters from his Commanding Officer and the lead financial counselor at Fort Bragg, NC were carefully considered. However, the applicant was clearly overpaid.
5. Based on the foregoing, there is insufficient evidence on which to grant his request.
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) AR20120005786
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005786
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010821
The evidence of record further confirms the applicant submitted an application for remission or cancellation of indebtedness as soon as he was made aware of the debt based on hardship and injustice. Therefore, it would be appropriate and serve the interest of justice and equity to correct the applicant's record to show his application for cancellation or remission of debt was approved based on hardship and injustice, and to cancel his debt to the Government, to include reimbursing him for...
ARMY | BCMR | CY2013 | 20130004817
The ABCMR should grant relief on the principle of equity because the applicant served honorably and with distinction in the U.S. Army for over 24 years and because it is not in the best interest of United States to seek recoupment which would place an undue economic hardship on a veteran. Counsel provides: * Memorandum/letter, dated 11 January 2013 * Memorandum in support of application for correction of records, undated * OER for the period 13 February 2006 through 30 June 2006 * Travel...
ARMY | BCMR | CY2015 | 20150011717
The applicant requests remission of his indebtedness to the government in the amount of $2,448.49 for shipment of excess household goods (HHGs). The commander stated the applicant was the sole provider for his wife and two children, and as such, the debt incurred during his PCS move proved to be an overwhelming burden. The applicant submitted a DA Form 3508 to the Fort Bragg Finance Office that shows he was requesting remission or cancellation of his indebtedness based on hardship.
ARMY | BCMR | CY2004 | 20040003636C070208
The applicant requests, in effect, that his records be corrected to allow him to be paid for the temporary duty (TDY) expenses he incurred while TDY at Fort Benning, GA. 2. In response to a request for information, DFAS provided the Board amounts of entitlements that would have been due the applicant under different circumstances (had he been properly allowed to sign in to Fort Benning as permanent party or had he actually been TDY at Fort Benning enroute to a different PDS). The...
ARMY | BCMR | CY2011 | 20110003872
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Army Regulation 600-4 (Remission or Cancellation of Indebtedness for Enlisted Members) states Soldiers must make sure their financial accounts are correct. The fact that the applicant was not found guilty of stealing, falsifying documents, or committing other criminal activities to obtain the overpayments has no bearing on whether he was overpaid.
ARMY | BCMR | CY2013 | 20130018512
The applicant states she was ordered to active duty from North Carolina where she resided in December 2006 to perform a contingency operations temporary tour of active duty (COTTAD) in support of Operation Noble Eagle with duty at the Pentagon. DFAS's multiple letters stated her claim for per diem for meals was not authorized since she resided within commuting distance to the Pentagon. She maintained residency in both a local address her HOR in Maryland and the residence in North...
CG | BCMR | Other Cases | 2005-061
He argued that having to pay more than $6,000 above what he expected to pay for the overage because of misinformation he received from the Transportation Office is a sig- nificant injustice given that he “used an authorized government supported web site to calculate my overage cost as directed by a government expert.” APPLICABLE LAW Article 11.F. § 461, the Secretary may remit or cancel the debt of an enlisted member to the United States “when recovery would be against equity and good...
AF | BCMR | CY2013 | BC 2013 02071
The remission was requested due to a substantiated financial hardship identified on AF IMT 2451 (Financial Statement Remission of Indebtedness). The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented...
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 | 20110015501
The applicant requests, in effect, that his military records be corrected to show he was authorized shipment of 25,270 pounds of household goods in connection with his permanent duty station move in 2006. The applicant provides a memorandum dated 13 June 2010, wherein the Chief, Operations Management Division, HRC, states: a. that the applicant submitted a request for remission or cancellation of indebtedness; b. that the request was approved in a partial amount of $7,565.31; c. that it was...