IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140012103
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 adjustment/reduction of his Family Subsistence Supplemental Allowance (FSSA) from $5,382.90 to $2,721.69.
2. The applicant states he submitted an application for FSSA that was approved by the Defense Finance and Accounting Service (DFAS). He received the entitlement for 3 months before he was notified that the entitlement was received in error. Thinking he was entitled to this pay, he and his family used the funds to catch up. He continued to receive the entitlement for 3 additional months even though he requested the entitlement be stopped. He is prepared to pay back the funds he received during the additional months because he knew he was not entitled to this pay; however, he should not have to repay the funds he received during the first 3 months because he believed DFAS approved his application and the entitlement was his.
3. The applicant provides:
* DA Form 3508 (Application for Remission or Cancellation of Indebtedness)
* DFAS Form 702 (DFAS Military Leave and Earnings Statement) for the month of February 2014
* Notification of Indebtedness
* U.S. Army Human Resources Command (HRC) denial letter
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 September 2005. He holds military occupational specialty 36B (Financial Management Technician). He has served through multiple reenlistments, in a variety of assignments, and has attained the rank/grade of staff sergeant (SSG)/E-6.
2. On 4 January 2014, his commander received notification that he is indebted to the United States in the amount of $5,382.90, due to overpayment of FSSA.
3. The applicant acknowledged receipt of the notification of indebtedness memorandum and indicated he intended to apply for a remission/waiver of indebtedness. Accordingly, on 20 February 2014, he submitted a DA Form 3508 requesting the remission and cancellation of his $5,382.90 debt.
4. On 15 May 2014, HRC denied his application for remission of his debt. An HRC official stated that a thorough review determined that no grounds exist to remit or cancel the debt based on hardship or injustice.
5. On 5 August 2014, in the processing of this case, an advisory opinion was received from an official at the Army G-1, who recommended disapproval of the applicant's request. He stated:
a. After careful review of this case, the applicant's debt resulted from his own negligence when he failed to report his Overseas Housing Allowance (OHA) on the FSSA worksheet he submitted; therefore, the Army G-1 agrees with HRC's decision, dated 15 May 2014, to disapprove the applicant's request to remit or cancel his debt.
b. Office of the Secretary of Defense's (OSD) FSSA website clearly states that a member must report the total amount of income that is received by any member of the household, which includes basic pay, basic allowance for subsistence (BAS), basic allowance for housing (BAH), OHA, all bonuses, and all special and incentive pays. Furthermore, OSD's FSSA website states that if the member resides in government housing, he/she must report the amount of BAH or OHA he/she would receive if he/she did not reside in government quarters.
c. The applicant is a Finance Noncommissioned Officer (NCO) who is trained to research these types of entitlement issues. Moreover, OSD's FSSA website provides links to all of the appropriate references to assist members in determining the makeup of their household income and preparing their requests. His military training and years of service as a Finance NCO equip him with a greater than average skill with all matters relating to military pay/entitlements. Therefore, the G-1 opines that he should repay the entire amount of $5,382.90.
6. The applicant was provided with a copy of this advisory opinion to allow him an opportunity to respond and/or provide a rebuttal; however, he failed to respond.
7. According to the DFAS official website, the FSSA program is a voluntary financial benefits program for military families, intended to increase a service member's income in order to remove their household from eligibility for SNAP benefits (formerly the food stamp program). Eligibility is based on the income for all members of the household and the number of people living in the household.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant applied for FSSA, but through negligence failed to report his OHA on the FSSA worksheet he submitted. As a result, it appears DFAS authorized him FSSA in error. When the error was discovered, a debt was established.
2. The OSD guidance regarding this program states a member must report the total amount of income that is received by any member of the household, which includes basic pay, BAH, BAS, OHA, all bonuses, and all special and incentive pays. Furthermore, if the member resides in government housing, he/she must report the amount of BAH or OHA he/she would receive if he/she did not reside in government quarters.
3. The applicant was a Finance NCO. Moreover, OSD's FSSA website provides links to all of the appropriate references to assist members in determining the makeup of their household income and preparing their requests. The applicant's military training and years of service as a Finance NCO equips him with a greater than average skill with all matters relating to military pay and entitlements.
4. His contention that he should not have to pay the first 3 months because he believed DFAS approved his application and the entitlement was his, is rejected. He should not be allowed to receive any financial benefit based on an erroneous FSSA application. He is not entitled to the 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) AR20140012103
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ABCMR Record of Proceedings (cont) AR20140012103
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