BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000802
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 remission/cancellation of his debt for excess leave.
2. The applicant states, in effect, that he is being overcharged for leave because he took 9 days of leave instead of the 15 days he is being charged with by the Defense Finance and Accounting Service (DFAS). He goes on to state that he submitted a copy of his DA Form 31 (Request for Leave) but he is still receiving bills for the debt.
3. The applicant provides a letter from the DFAS with enclosure noted by the DFAS.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 February 2008. He completed his training as a petroleum supply specialist and was advanced to the pay grade of E-4 on 1 December 2009. He deployed to Iraq during the period of 20091219 20101210.
2. On 29 July 2012, while stationed at Fort Stewart, Georgia, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years, 5 months, and 10 days of active service.
3. The letter from DFAS, dated 5 November 2012, advises the applicant that the documents he submitted are not sufficient to change or cancel his debt and advised him to contact his servicing Defense Military Pay Office to have the correction made to his records.
4. The applicants records do not contain and the applicant has not provided sufficient evidence to identify the nature and amount of his debt. However, the Statement of Military Pay Account provided by DFAS with the letter indicates that the applicant was overpaid $803.45 due to overpayment of separation pay and
1 day of leave.
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 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 sufficient documentation with his application that explains his debt or evidence that disputes the debt.
3. 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.
4. 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) AR20130000802
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000802
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120005786
The applicant requests his debt in the amount of $6,669.00 be remitted. 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...
ARMY | BCMR | CY2013 | 20130009793
Had DFAS processed his request, he would not have the debt. The form shows he requested to stop BAQ and that he had been assigned to government quarters. To determine injustice the application must contain evidence that the applicant did not know and could not have known of the error and/or the applicant inquired of a proper authority and was told the payment was correct.
ARMY | BCMR | CY2013 | 20130017232
A review of the applicant's Army Military Human Resource Record shows the applicant was confined by civilian authorities on 15 January 2011 for a period of 18 months and that he returned to duty on 17 September 2012. The evidence of record shows the applicant received pay and allowances while he was in civilian confinement and he incurred a debt in the amount of $47,467.00. There is no evidence of record that shows the applicant applied to DFAS for proration of the remaining balance and...
ARMY | BCMR | CY2003 | 2003090619C070212
The applicant requests cancellation or remission of his debt for overpayment of family separation allowance (FSA). His family separation housing (FSH) and BAH Type II without dependents rate were used to calculate his OHA. The amount of BAH for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status, and the geographical location of the member.
ARMY | BCMR | CY2006 | 20060017274
The applicant, a sergeant major, pay grade E9, at the time of his application, was a Mississippi Army National Guard Soldier, mobilized for duty in Afghanistan. On 15 October 2006, the applicant submitted an Application for Remission or Cancellation of Indebtedness to the United States Army Human Resources Command, 1 Reserve Way, St. Louis, Missouri, requesting that this debt be remitted on the basis of injustice. However, it is not clear, how this finance error has caused the applicant an...
ARMY | BCMR | CY2011 | 20110012810
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his debt in the amount of $24,495.18 be remitted or cancelled. 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.
ARMY | BCMR | CY2013 | 20130004278
The applicant requests repayment of salary withheld by the Defense Finance and Accounting Service (DFAS) in October, November, and December 2011; unpaid leave; back pay from a basic active service date (BASD) adjustment; and remitted debt. While he was still on active duty, DFAS collected $49,777.31 from his pay as noted on his October, November, and December 2011 DFAS Military Leave and Earnings Statements (LES). In an email, dated 24 October 2012, Ms. J______, DFAS, explained to the...
ARMY | BCMR | CY2014 | 20140016409
The applicant requests, in effect, that the remaining portion of separation pay he received in 1988 not be recouped. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR) to direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or...
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 | CY2012 | 20120009001
From the pay inquiry, finance began recouping the debt despite the fact that she paid the funds directly to the finance cash cage and cleared Wiesbaden in July 2008. The official stated a review of the applicant's request determined no grounds existed to remit or cancel the debt based on hardship or injustice in accordance with the provisions of Army Regulation 600-4 (Remission or Cancellation of Indebtedness). She does not have a receipt for the payment and the DA Form 137-E she provided...