Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140016339
Original file (20140016339.txt) Auto-classification: Denied

		

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140016339 


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 correction of his military records to show entitlement to reimbursement of allotments that were never received.

2.  The applicant states, in effect, that he established a monthly allotment from his military pay in the amount of $200 that was to be provided to his father.  This allotment began in December 1976 and ended in June 1978, totaling $3,400.  He contends that none of these monthly allotment checks were received by his father.  He argues that he did not discover the error until 1987 when he discussed the allotments with his father and was told that none of them had ever been received. He further argues that the money was to be invested by his father in Coca Cola stock that would have been worth $500,000 today.  He acknowledges that his father received a letter, dated 21 October 1988, from the U.S. Army Finance and Accounting Center (USAFAC) stating it had been determined that none of the checks had been cashed and had been replaced.  He contends the checks were never replaced.  After his father passed in 1993 he had forgotten about this matter.  In 2012 he was recovering from a lengthy hospital stay and discovered the grave injustice while going through some old military records.  He now wants the missing money repaid with interest which would be about $126,539.75 based on a compounded ten percent interest rate.

3.  The applicant provides copies of:

* Jumps-Army Leave and Earnings Statements (Army LES's) from November 1976 to October 1978
* DD Form 214 (Report of Separation from Active Duty), effective 
22 October 1978
* DD Form 256A (Honorable Discharge Certificate) from the U.S. Army Reserve, dated October 1981
* Letter from the Office, Chief of Legislative Liaison, dated 21 October 1988
* Newspaper clippings from the Washington Post, dated 27 August 2014

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 23 October 1975, the applicant enlisted in the Regular Army.

3.  The Army LES's provided by the applicant show that in November 1976 he initiated an allotment in the amount of $200 per month which was to be sent to his father in Vienna, Virginia.  It appears this allotment remained in effect from December 1976 to about May or June 1978.

4.  On 22 October 1978, the applicant was released from active duty.  He had attained the rank of private first class and had completed 3 years of creditable active service.

5.  A letter from the Chief of Legislative Liaison, dated 21 October 1988, states that officials at USAFAC had submitted stop payments on the checks that were issued to the applicant's father.  The letter further stated that there was an expected delay of 4 to 6 weeks.  He was expected to receive replacement checks if it was found the original checks had not been cashed.  If the original checks had been cashed, he would receive copies of the checks and a claim form.

6.  The legal "Doctrine of Laches" bars a claimant from receiving relief where the claimant's delay in pursuing the claim has operated to the prejudice of the opposing party.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military records should be corrected to show entitlement to recover allotments that were never received.  He argues that none of the allotments in the amount of $200 were received by his father between 1976 and 1978.

2.  It has been approximately 26 years since the applicant's father was informed by his Congressman that USAFAC had stopped payment and would reissue the checks or provide evidence that they had been cashed with a claim form.  At that time, he was advised of a 4 to 6 week delay.  The time to have taken action was after those few weeks, not now, after 26 years have passed.  USAFAC no longer exists.  It was replaced by the Defense Finance and Accounting Service (DFAS), which currently performs those pay functions.  It is highly unlikely DFAS has the ability to resurrect accurate data concerning this issue.  Regrettably, due to the passage of time pertinent information has been lost or destroyed; therefore, favorable consideration of the applicant's request is barred by the doctrine of laches.  Accordingly, the applicant's request should be denied.

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)                                         AR20140016339



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016339



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • CG | BCMR | Retirement Cases | 2002-122

    Original file (2002-122.pdf) Auto-classification: Denied

    DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant enlisted on September 9, 1980. 2000-117, in which the Board denied an applicant’s request to change his date of enroll- ment in the DEP to before September 8, 1980, because it found that the Coast Guard had no legal duty “to counsel civilian applicants who are considering enlistment on pending legislative changes that may affect...

  • CG | BCMR | Retirement Cases | 2002-077

    Original file (2002-077.pdf) Auto-classification: Denied

    He alleged that, between the time he began the enlistment process by undergoing a physical evaluation in May 1980 and the day “High-3” went into effect, the Coast Guard “had more than ample opportunity to notify [him] that the terms and benefits of career enlistment … were changing … and failed to do so.” He stated that he remembers having several discussions with his recruiter prior to May 1980 about the benefits of joining the Coast Guard, including how retirement benefits were calculated...

  • CG | BCMR | Education Benefits | 1999-115

    Original file (1999-115.pdf) Auto-classification: Denied

    The Chief Counsel alleged that, by signing a page 7 entry on May 1, 198x, the applicant acknowledged that he was informed of his eligibility to enroll in VEAP but decided not to enroll.3 Finally, the Chief Counsel argued, any relief the Board could grant would be ineffective in this case because the Coast Guard does not administer VEAP accounts. The Board makes the following findings and conclusions on the basis of the applicant’s military record and submissions, the Coast Guard’s...

  • ARMY | BCMR | CY2011 | 20110005280

    Original file (20110005280.txt) Auto-classification: Denied

    The applicant requests correction of his military records by including an incident report. This incident was not recorded in his service records. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File.

  • ARMY | BCMR | CY2011 | 20110025088

    Original file (20110025088.txt) Auto-classification: Approved

    The applicant requests, in effect: * payment of back retired pay of about $474,093.88 plus interest from 1980 to the present * removal of the DD Form 1300 (Report of Casualty) from his records * removal of any documentation related to his death from his pay records * determination of why the Defense Finance and Accounting Service (DFAS) stopped his retired pay without notice * determination of why DFAS officials stopped working his claim and using the excuse that his issue was being handled...

  • ARMY | BCMR | CY2011 | 20110007884

    Original file (20110007884.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show he was considered and selected for promotion to the rank/grade of sergeant first class (SFC)/E-7 with retroactive retirement in that grade. The applicant contends that his military records should be corrected to show he was considered and selected for promotion to SFC/E-7 and to retroactively retire him in that grade because his diploma for completion of BNCOC was not filed in his OMPF. The available evidence of record...

  • ARMY | BCMR | CY2013 | 20130005197

    Original file (20130005197.txt) Auto-classification: Denied

    The applicant requests correction of her Army Military Human Resource Record (AMHRR) to show she retired as a sergeant major (SGM), pay grade E-9. Although she retired on 26 May 1976 in the rank of master sergeant, pay grade E-8, she previously held the grade of E-9 in the USAR from 24 October 1965 to 1 October 1970. This form also shows her last promotion was to master sergeant, pay grade E-8 with a date of rank of 1 May 1963.

  • CG | BCMR | Other Cases | 2004-094

    Original file (2004-094.pdf) Auto-classification: Denied

    from his CO to the Board. THE APPLICANT'S MILITARY RECORD On October 7, 1974, the applicant enlisted in the regular Coast Guard with the In BCMR No 2003-058, the Coast Guard and the Board indicated that many of the documents from the applicant's time on active duty in the Coast Guard were not included in the military record they received. Upon reconsideration of all of the evidence, including the applicant's complete military record, this Board finds that the applicant's DD Form 214 is in...

  • CG | BCMR | Education Benefits | 2001-071

    Original file (2001-071.pdf) Auto-classification: Denied

    The ALCOAST announced a new enrollment period for members who first enlisted between January 1, 1977, and June 30, 1985, but who failed to enroll in VEAP during that time. He stated that there is no evidence in the record that the applicant ever enrolled in VEAP during those periods. The Chief Counsel alleged that the delay has prejudiced the Coast Guard’s case because the unit records reflecting the applicant’s decision not to participate in VEAP required by ALCOAST 056/86 would have...

  • ARMY | BCMR | CY2010 | 20100030195

    Original file (20100030195.txt) Auto-classification: Denied

    The applicant further states that when he left West Germany, he signed papers reporting his poor pay and was told to get on the jet and that his pay would be straightened out at Fort Dix, New Jersey. __________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) AR20100030195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...