IN THE CASE OF
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20140001753
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 relief from a portion of the $10,964.00 debt he paid for overpayment of basic allowance for housing (BAH).
2. The applicant states:
a. He was held accountable for an overpayment of BAH because he was misinformed of the specific requirements. His request for remission of the debt was denied.
b. He had a total loss of his vehicle and the liable individual had no insurance. This caused him to purchase a new vehicle. Between paying off the $10,964.00 debt and buying a new vehicle he is now in debt.
c. He requests reimbursement of some of the $10,964.00 to relieve the hardship he is experiencing due to being in debt.
3. The applicant provides:
* 25 July 2013, Defense Finance and Accounting Service (DFAS) memorandum, Subject: Notice of Indebtedness
* his 11 September 2013 DA Form 3508 (Application for Remission or Cancellation of Indebtedness) with chain of command endorsements
* his December 2013 DFAS Form 702 (Leave and Earnings Statement)
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army captain.
2. A 25 July 2013 DFAS memorandum notified him that he was indebted to the U.S. Government in the amount of $10,964 for overpayment of BAH.
3. On 11 September 2013, the applicant submitted an application for remission or cancellation of the indebtedness. He stated that he married another service member prior to in-processing at the 1st Battalion, 75th Ranger Regiment. He explained to the officials there that his spouse was also a service member and they advised him that one of them would receive BAH at the with-dependent rate, and one would receive BAH at the without dependents rate. He did not realize until later that he was not authorized BAH at the with-dependent rate. He immediately adjusted his BAH rate.
4. A 2 December 2013 HRC memorandum shows his request was disapproved. The memorandum indicates there were no grounds to remit or cancel the debt based on hardship or injustice. He was advised he could petition the Army Board for Corrections of Military Records if he felt an injustice occurred.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, Washington, D.C. That opining official determined the debt was valid and did not support granting full administrative relief and stated that the housing allowance for member-to member-couples that have no dependents is paid at the without dependent rate for their permanent duty station when government family-type quarters are not assigned. Since the applicant has no other dependents, he is not entitled to receive a with-dependent housing allowance.
6. A copy of the advisory opinion was provided to the applicant for comments or a rebuttal. A response was not received.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests relief from a portion of the $10,964.00 debt he paid for overpayment of BAH. His request for remission of the debt was denied, and he has now had to buy a new vehicle and is experiencing the hardship of being in debt.
2. The applicant has not provided sufficient evidence to show that relief is warranted.
3. 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) AR20110004019
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140001753
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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