IN THE CASE OF:	   

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015547 


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, remission of debt paid as a result of recoupment of hazardous duty incentive parachute pay (jump pay). 

2.  The applicant states:

* he received his Leave and Earnings Statement (LES) after his discharge; it showed he owed the government $1,075.00 in jump pay
* before leaving his duty station at Fort Bragg, NC, and during his out-processing, he was told to ensure his jump log was closed and provided to the Finance Department
* to avoid delay, the Finance Department said he could have his supervisor complete this action for him; he texted his supervisor requesting his jump log be closed and provided to the Finance Department
* his supervisor led him to believe the requested actions were completed, but this turned out not to be the case; when he received the jump log in the mail it had neither been properly closed nor given to the Finance Department
* the applicant feels he did what he was required to do, was eligible to receive the jump pay that was later deducted, and should not be penalized for the failure of his supervisor to do what he promised

3.  The applicant provides:

* DA Form 1307 (Individual Jump Record)
* photocopy of text messages
* LES for the period 1 June 2014 to 16 June 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 March 2013.  After completing initial training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade held was private first class/E-3.

2.  Orders 192-3035, dated 11 July 2013, issued by Headquarters, U.S. Maneuver Center of Excellence, Fort Benning, GA, show the applicant was awarded a “P” special qualification identifier and directed to perform hazardous duty, parachute duty.

3.  Orders 198-3067, dated 17 July 2013, issued by Headquarters, U.S. Maneuver Center of Excellence, show the applicant was awarded the Parachutist Badge based on the successful completion of Airborne training.

4.  A memorandum, dated 16 July 2013, issued by Headquarters, U.S. Maneuver Center of Excellence, shows the applicant was assigned, on an intra-post transfer, to the 75th Ranger Detachment.

5.  Orders 301-37, dated 28 October 2013, issued by Headquarters, U.S. Maneuver Center of Excellence, showed the applicant was reassigned from the 75th Ranger Detachment to the 3rd Brigade Replacement Detachment, 82nd Airborne Division.  He was ultimately assigned to Company A, 2nd Battalion, 505th Parachute Infantry Regiment (PIR) within the 3rd Brigade.

6.  On 5 June 2014, the applicant's commander initiated separation action under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14 (Separation for Misconduct), paragraph 14-12b (a pattern of misconduct).  That same date, the separation authority approved the commander's recommendation for separation.  A general under honorable conditions discharge was directed and on 16 June 2014 the applicant was discharged accordingly.

7.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year, 2 months, and 29 days of net active creditable service.  He was awarded or authorized the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.  His DD Form 214 also shows he received a general discharge under honorable conditions.



8.  The applicant provides:

	a.  a DA Form 1307, which shows he completed three jumps:

* on 6 February 2014, shown as covering the period February through April 2014
* on 25 February 2014, covering the same period as the first jump
* on 21 March 2014, shown as covering the period March through May 2014

	b.  a photocopy of a series of text messages between the applicant and his supervisor in which the supervisor gives the impression the actions requested by the applicant were completed.

	c.  an LES for the period 1 June 2014 to 16 June 2014 showing a debt (parachute pay) of $1,075.00.

9.  According to the Defense Finance and Accounting Service (DFAS), there was a cancellation of entitlement to jump pay starting 15 November 2013 until his separation on 16 June 2014 as well as for jump pay received for the period 8 July 2013 to 26 July 2013.

10.  In an advisory opinion, provided on 16 October 2014 by the Deputy Chief of Staff (DCS), G-1, Compensation and Entitlements Division, the following was provided:

* following a careful review, the Compensation and Entitlements Division verified the applicant had a debt but disagreed with the amount calculated by DFAS
* the applicant completed Airborne School in July 2013 and was immediately reassigned to the 75th Ranger Regiment's training detachment
* he did not successfully complete training and was then reassigned to the 2nd Battalion, 505th PIR
* on 15 November 2013, the applicant was assigned to a paid parachute position
* the applicant completed three parachute jumps but only two counted for pay
* the jump performed on 6 February 2014 covered December 2013, January 2014 and February 2014
* the jump performed on 21 March 2014 covered March 2014 through May 2014

* as a result, he was entitled to $900.00 in hazardous duty incentive pay 
(6 months X $150.00) which covered the period December 2013 through May 2014

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests complete remission of his debt in the amount of $1,075.00.  The evidence shows he does, in fact, owe the government money; however, based upon the advisory opinion provided by DCS, G-1, the amount is less than that calculated by DFAS.  Rather than being in the amount of $1,075.00 it should only be $175.00 as the applicant did not have qualifying jumps to cover the periods 8 July 2013 to 26 July 2013, a portion of November 2013, and the month of June 2014.

2.  Based upon the foregoing, partial relief can be granted and all but $175.00 should be repaid to the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reimbursing the applicant $900.00 of debt recoupment deducted by DFAS for previously paid hazardous duty incentive parachute pay.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to refunding the balance of


$175.00, which was deducted by DFAS for previously paid hazardous duty incentive parachute pay.  




      _______ _   _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)                                         AR20140015547





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ABCMR Record of Proceedings (cont)                                         AR20140015547



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