IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140020694 


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 his debt in the amount of $13,668.03.

2.  The applicant states he had no knowledge of being divorced until finance sent him an email asking him to report.  He thought he was still separated.  

	a.  His marriage to his ex-wife Claudia had been rocky for a few years because she was unfaithful.  He loved her so much that he continued to give her second chances.  He and Claudia attempted to live together just before he joined the Army.

	b.  While he was in Advanced Individual Training (AIT) at Fort Lee, Virginia, she tried to divorce him but his First Sergeant called the courts to let them know she would have to re-file at another time because he was in training and currently unavailable.  She then brought him to Fort Bragg, North Carolina under the Army Married Couples Program.  

	c.  An official from the Fort Bragg Military Pay Office (MPO) called him into the finance office to tell him his pay needed to be adjusted because Claudia brought in divorce papers.  He assured the MPO official she had the wrong person until she showed him his divorce decree.   After he received a copy of his divorce decree from the MPO, he visited the court office and discovered Claudia knowingly sent his divorce papers to Fort Lee, Virginia after he had arrived at Fort Bragg.  

	d.  Claudia got what he likes to call a "sneaky quick divorce."  She sent papers to Fort Lee, Virginia, where she knew he was no longer training so she could get the divorce while he was unreachable.  When that failed, she brought him to Fort Bragg, North Carolina with the Army Married Couples Program.  They were not even separated a year, as required by North Carolina law, prior to her being awarded a divorce.  If he had received notice, he would have attended the court hearing and spoken on his own behalf.  She had full knowledge they were divorced and never told him.  She even waited a year to turn in the divorce papers to finance.  

	e.  He has incurred a great deal of debt as a result of his ex-wife's actions.  This debt is creating a hardship and he is unable to live with so much money being taken out of his pay.

3.  The applicant provides:

* an undated, self-authored statement
* an envelope, postdated 7 November 2012 and 5 January 2013
* a portion of a lease agreement, printed on 3 September 2013
* his divorce decree, dated 14 November 2012
* a letter from the Fort Bragg, North Carolina MPO, dated 28 August 2013
* a letter from the U.S. Army Human Resources Command (HRC), dated 
28 July 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 27 January 2012.  He enlisted in the Regular Army on 29 May 2012.  His home of record was listed as Lexington County, South Carolina.

2.  He provided a portion of a lease for a rental property called "Summer Ridge."  The lease was for a 1 year period, beginning on 15 March 2012 and ending on 
15 March 2013.  Claudia signed the lease as the legal tenant and the applicant was listed as an occupant and her husband.  On 2 July 2012, Claudia turned over her deposit to new tenants that moved into the property.  The new tenant was listed as Claudia's friend.

3.  Orders Number 200-360, issued by Headquarters, U.S. Army Garrison, Fort Sill, Oklahoma on 18 July 2012, show the applicant was ordered to report to Fort Lee, Virginia on 11 August 2012 for AIT.  

4.  Orders Number 298-00213, issued by the U.S. Army Combined Arms Support Center, Fort Lee, Virginia on 24 October 2012, show that upon the completion of his AIT, he was reassigned to Fort Bragg, North Carolina with a report date of 13 November 2012.  Early reporting was authorized.
  
5.  His records contain two DA Forms 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters [now called Basic Allowance for Housing (BAH)] and/or Variable Housing Allowance (VHA)), dated 6 November 2012 and 9 November 2012, which show:

* his current rank grade was private (PV2)/E-2 
* he was assigned to Fort Bragg, North Carolina 
* he was requesting a recertification of BAH/VHA
* he was currently married and his marriage date was listed as 5 October 2005
* he listed Claudia's social security number and indicated she was assigned to Fort Bragg, North Carolina
* he requested BAH at the without dependents rate
* quarters were not available
* he requested VHA
* The Director of the MPO signed and certified this first request on 8 November 2012 and the second on 9 November 2012

6.  His record contains a divorce decree, dated 14 November 2012, which shows Claudia filed for divorce, and indicated:

	a.  She was a citizen and resident of Cumberland County, North Carolina and that she had been a resident of the State of North Carolina for more than 6 months prior to filing for divorce.

	b.  The applicant was a citizen and resident of Lexington County, South Carolina and had been properly served with a summons and complaint.

	c.  She and the applicant were married on 5 October 2005 and separated on 
1 August 2010, with the intent to remain separate.  She and the applicant had lived continuously separate and apart since that date without resuming the marital relationship.  

	d.  The court concluded she was entitled to an absolute divorce based on 
1 year of separation.  She was granted a divorce from the applicant on 
14 November 2012.  

	e.  She also stated a copy of the divorce judgment was served upon the applicant by mailing a properly addressed postage paid envelope to Fort Lee, Virginia on 24 September 2012.
7.  He provided a copy of an envelope showing the District Court Judges, Fayetteville, North Carolina mailed him an envelope postmarked 7 November 2012.  This letter was received by his former AIT unit at Fort Lee, Virginia on     20 November 2012. His unit marked the letter "return to sender" and "unable to forward."  This return mail was postmarked 5 January 2013.

8.  He provided a letter, dated 28 August 2013, that the Fort Bragg MPO sent to the Fort Bragg Housing office.  This letter states:

	a.  In August 2013, the applicant's ex-wife came into the MPO to change her BAH status.  Upon verification of the information provided by the applicant's ex-wife, it was discovered that the applicant had not come into the MPO to change his BAH status.  The MPO sent the applicant an email asking him to come in so the MPO could make the necessary adjustments to his pay.  

	b.  The applicant was not given any information regarding his ex-wife or her status, but the MPO did provide him with a copy of his divorce decree on  27 August 2013.  The applicant had no idea that he was divorced.  

	c.  The applicant stated he was currently living off post and the MPO told him he should go to the housing office with copies of his lease and divorce decree to determine if any or all of the leases could be covered with a statement of nonavailability.  

9.  He provided a letter from HRC, dated 28 July 2014, which shows his application for remission of cancellation of indebtedness in the amount of $13,668.03 had been reviewed in accordance with Army Regulation 600-4 (Remission or Cancellation of Indebtedness) and was disapproved.  The review determined that no grounds existed to remit or cancel the debt based on hardship or injustice.  

10.  His record contains nine DD Forms 93 (Record of Emergency Data) and eight SGLV Forms 8286 (Servicemembers’ Group Life Insurance Election and Certificate), dated from 29 May 2012 to 21 January 2015.

	a.  The DD Forms 93 dated from 29 May 2012 to 18 June 2013 list Claudia as his wife and show the applicant listed her as the beneficiary for his death gratuity and unpaid allowances.  

	b.  The DD Forms 93 dated from 9 July 2014 to 21 January 2015 indicates he remarried.  His wife's name was listed as Sue.  These forms also list Claudia as his former wife and show she is the beneficiary for his death gratuity and unpaid allowances.  
	c.  The SGLV Forms 8286 dated from 2 June 2012 to 18 June 2013 list Claudia as his wife and primary beneficiary and his mother as his secondary beneficiary.

	d.  The SGLV Forms 8286 dated from 9 July 2014 to 21 January 2015 list Claudia as his former wife and primary beneficiary and his mother as his secondary beneficiary.

11.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) provides the instructions for submitting and processing applications for remission or cancellation of indebtedness.  Applications must be based on injustice, hardship, or both.  The objectives of remission or cancellation of debt are to remit or cancel debts to the Army that are considered to be unjust or to end hardship or undue suffering.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant and his ex-wife were married on
5 October 2005.  He was living in South Carolina on 27 January 2012, when he enlisted in the delayed entry program.  His wife, who was a Soldier assigned to Fort Bragg, signed a 1-year lease agreement on 15 March 2012.  She was listed as the legal tenant and he was listed as an occupant and spouse.  As such, it appears they were cohabitating for a period between 15 March 2012 and the date he enlisted in the Regular Army and entered active duty on 29 May 2012.  

	a.  His wife broke the lease, or rather transferred it to a new tenant who was a friend of hers in July 2012.  The records indicate he was at Fort Sill, Oklahoma at this time, and was most likely participating in basic training.  He was subsequently assigned to Fort Lee on 12 August 2012 for AIT.  

	b.  The divorce decree shows a notification of divorce was mailed to him at his AIT location at Fort Lee, Virginia on 24 September 2014.  The envelope he provided confirms the court mailed him something; however, this envelope was postmarked 7 November 2012 and was not received by his AIT unit at Fort Lee until 20 November 2012. 

	c.  He was assigned to Fort Bragg, North Carolina with a report date of         13 November 2012, and he was authorized early reporting.  His records indicate he arrived and had begun his inprocessing at Fort Bragg on or before
5 November 2012.  As such, it is clear he had arrived at Fort Bragg at least 2 days before the letter from the court had been mailed to Fort Lee.  

	d.  Furthermore, based on his DD Forms 93 and SGLV Forms, he listed Claudia as his wife on all documents dated between 29 May 2012 and 18 June 2013.  The documents following these dates list her as his former wife.  

2.  The applicant's contention that he was unaware of his divorce until the MPO provided him with his divorce decree on 27 August 2013, a little over 2 months after he completed a DD Form 93 listing Claudia as his wife and beneficiary, has merit.  The Board does not contest the sincerity of his statement that he was not aware he was divorced until the MPO provided him with his divorce decree on 27 August 2013, some 9 months and 13 days after his official divorce.

3.  Nevertheless, there are many other unknown variables that have a strong bearing on this case.  For example:

	a.  It is unclear whether or not the applicant and his former wife were legally separated and/or whether or not they lived together at all after he was assigned to Fort Bragg on or around 5 November 2012.

	b.  It is unclear whether or not his chain of command was aware of his separation and whether or not he, as a junior enlisted Soldier, would have been authorized to live off post or required to reside in barracks if it was known he was separated.  

	c.  It is unclear how the applicant incurred this debt.  This debt could have been incurred as a result of erroneous, improper, or overpayments of BAH/VHA or any other number of things.  He has not provided any statements or notifications of indebtedness from the Defense Finance and Accounting Service indicating exactly what caused this debt and how he would be required to repay the debt.

	d.  He has not provided a copy of past or current leave and earnings statements, current bank statements, or debt statements to show how this debt is impacting his current financial status and ability to live.

4.  The remittance or cancellation of debt hinges on the existence of injustice, hardship, or both.  The applicant must provide sufficient evidence to show to the satisfaction of the Board that this debt caused him to incur a hardship, or that this debt is unjust.  However, lacking evidence to show exactly what caused this debt and the full circumstances surrounding the debt and/or financial paperwork to prove he has incurred a financial hardship, there is insufficient evidence to grant 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)                                         AR20140020694





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ABCMR Record of Proceedings (cont)                                         AR20140020694



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