BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120018160
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 $1,952.29 be remitted or cancelled.
2. The applicant states his indebtedness occurred due to the fact that there were excess days reflected on his final DA Form 31 (Request and Authority for Leave) which ultimately resulted in him having a negative leave balance of 10.5 days. He goes on to state that his final leave form was verified by Defense Finance and Accounting Service (DFAS) officials at Fort Sam Houston, Texas, during his final out-processing. Finance personnel signed off on his clearance papers and leave form. He further states that the error rests with the finance and accounting office as he should not have been allowed to separate from the service with a negative leave balance. He also states the error will cause a financial hardship for his family.
3. The applicant provides copies of the DFAS collection memorandum, retirement orders, DA Form 31, clearance papers, and a statement of his military leave account.
CONSIDERATION OF EVIDENCE:
1. After serving in the U.S. Army Reserve the applicant enlisted in the Regular Army on 18 April 1992 for a period of 3 years. He continued to serve through a series of continuous reenlistments and was promoted to the pay grade of E-8 on 1 September 2004.
2. On 2 May 2011, the applicant submitted a DA Form 31 in which he indicated that he had 108 days of accrued leave and requested 20 days of advanced leave in order to take 128 days of permissive temporary duty and transition leave from 26 August to 31 December 2011.
3. On 31 December 2011, the applicant was honorably retired and was transferred to the Retired List effective 1 January 2012. He had served 20 years, 4 months, and 12 days of active service and he deployed to Saudi Arabia during the period 1 August 2001-20 January 2002 and to Iraq during the period 30 November 2004-7 November 2005 and 9 October 2007-24 June 2008.
4. On 10 September 2012, DFAS, Indianapolis, Indiana dispatched a notice to the applicant informing him that he had a negative leave balance of 10.5 days at the time of separation and a debt of $1,952.29.
5. 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 the Soldier's 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 applicant's contention that his debt should be remitted or cancelled has been noted and appears to lack merit.
2. Soldiers are responsible for managing their own leave accounts and the applicant requested 20 days of advanced leave, which amounts to 8 months of leave accrual at 2.5 days per month.
3. It appears that an audit of his account revealed he did not have enough time to accrue the 20 days of advanced leave necessary to satisfy his debt. Accordingly, he was financially responsible for the 10.5 days he did not earn.
4. While it is unfortunate that the debt was not discovered sooner, all Soldier accounts go through a final audit after separation which takes months to complete and errors are not always discovered in a timely manner whether it be in favor of or against the Soldier.
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 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) AR20120018160
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