BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130003721 


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, in effect, her debt in the amount of $68,755.93 be remitted.

2.  The applicant states:

	a.  she requests the Board find the submissions were an error and not nefarious wrong doing and that the travel expenses paid to her were appropriate.

	b.  she made a mistake in the address that she did not correct; however, she lived in an apartment by herself for which she was entitled to reimbursement.
 
	c.  she has been trying to correct this error since the investigators contacted her in approximately July 2008 for the time she was mobilized from 2003 to 2005.  It wasn't until 2009 that she received any information as to what had occurred with the investigation.  She did not receive any information as to how to appeal.  She hired an attorney, but they could not get any information from the Army or the Defense Finance and Accounting Service (DFAS) for a long time.  All the while, she was trying to track down the people involved, some whom she had not seen since 2005 and did not know their whereabouts.

	d.  the attorney could not figure out how to appeal or move forward, so she fired him.  She then sent an appeal to the Central Clearance Facility (CCF).  When she was contacted by the Treasury Department regarding collection, she submitted an appeal to them, who then sent it to DFAS.  It has been months and she has not heard anything back from CCF.
	e.  she did not steal any money.  She was mobilized and as it was explained to her, she had to get her own place to live.  Although she attempted to stay on the post, she was not allowed to stay on post because of her status.  She found a place off post.  She then had to move because the owner sold the property.  She found another place, in a rush and in the middle of tons of work because of the wars and still trying to care for her autistic son and mother in New York.  The office in the Pentagon that was supposed to assist in filing travel vouchers added to her nightmare.  All they did was reject the papers she submitted and delayed her submissions without assisting or providing guidance.

	f.  she lived alone in the places for which she submitted vouchers.  She made a mistake as to the address on the second place.  Once realized, she never corrected the address because she didn't want to deal with the office processing the paperwork.  She is paying off the judgment, but believes this is unjust because she believes she was entitled to the reimbursements.  It is also unjust to damage her good record and name for this paperwork error.                

3.  The applicant provides 10 enclosures outlined on the Table of Contents page.
 
CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed a second lieutenant in the USAR on 31 May 1986.  She was ordered to active duty on 13 January 2003 in support of Operation Noble Eagle.  She served in Iraq from 25 April 2005 to 17 June 2005.  On 9 July 2005, she was released from active duty.

2.  She was promoted to lieutenant colonel on 7 December 2006. 

3.  Records show that on 22 November 2011 she was notified of her debt for overpayment of travel funds and collection of Servicemembers' Group Life Insurance (SGLI) premiums in the amount of $59,544.00.

4.  In May 2012, she submitted a request for a hearing to contest the existence of the debt, the amount of the debt, and the terms of repayment.  She alleged she only owed the debt for collection of SGLI premiums because she was entitled to the funds paid for reimbursement of lodging expenses.

5.  She provides documentation, dated 5 August 2012, which states her security clearance was revoked because records of the U.S. Army Criminal Investigation Command disclosed she was charged with false official statement, larceny, fraud, and wire fraud.  An investigation determined she committed these offenses during the period January 2003 through July 2005, when she submitted and was paid for a fictitious lease agreement and receipts for property located in Arlington, VA, to DFAS.  Further investigation determined that she never resided at the aforementioned property, which she claimed to DFAS.  She did this to obtain money, to which she was not entitled.  The total loss to the government was $59,250.00. 

6.  On 20 November 2012, an administrative hearing was conducted and DFAS found:

	a.  she received reimbursement of lodging and other expenses in the amount of $80,835.28 for the period 1 May 2004 through 30 June 2005.  The U.S. Army Criminal Investigation Command (CID) later determined her voucher was tainted.  As a result, the amount paid for lodging during this period was collected, and a debt of $59,250.00 was established on her Reserve pay account on 1 April 2009.  Deductions totaling $300.00 were withheld from her Reserve pay and applied to the debt, which reduced the outstanding balance to $59.950.00.

	b.  Army Reserve members are automatically covered by SGLI, regardless of whether or not the member is performing duty.  Premiums are assessed monthly through the month of discharge, unless coverage is waived.  Although the applicant was not discharged from the Army Reserve until 29 June 2011, she did not perform duty and did not earn any funds from which premiums could be deducted after August 2009.  Collection of the premiums paid in her behalf from September 2009 through June 2011, at the rate of $27.00 per month, resulted in an additional debt of $594.00.

	c.  the total debt of $59,544.00 interfaced to the Department of Debt Management Systems (DDMS) and the applicant was notified on 22 November 2011.    

	d.  she was given sufficient time to resolve the debt before it became delinquent and was referred to the Treasury Department on 19 March 2012.  Then on 20 April 2012, the Treasury notified her of their intent to collect the debt by Administrative Wage Garnishment.  The debt was also referred to the Treasury Offset Program for collection against her income tax refund.

	e.  after interest and fees were assessed, her debt as of the date of this decision is $68,755.93.

	f.  DFAS determined her debt was valid, the amount was correct, and due process was satisfied. 

7.  She provides an affidavit in support from an individual who attests she visited the applicant at the two places she rented while she was on active duty.

8.  She also provides an affidavit in support from an individual who attests:

* she rented the applicant a place to live after she had to move and provided the utilities, furniture, cleaning for one flat fee
* she saw the applicant lived alone
* when she gave the applicant the address, she looked at the wrong document and didn't notice the error

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant incurred a debt in the amount of $68,755.93 for overpayment of travel funds and other expenses during the period 1 May 2004 through 30 June 2004.  

2.  She contends she was entitled to the funds paid for reimbursement of lodging expenses.  However, the CID investigation is not available.  There is no evidence of record and she provided no evidence which shows this debt was incurred erroneously or exactly what CID found that led to a determination her vouchers were tainted.  In the absence of evidence to the contrary administrative regularity must be presumed.

3.  Based on the foregoing, there is insufficient evidence on which to grant her 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)                                         AR20130003721





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ABCMR Record of Proceedings (cont)                                         AR20130003721



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