IN THE CASE OF:	

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150001856 


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, credit and payment for 18 days of pay for his Post-Deployment Military Respite Absence (PDMRA) and that a debt in the amount of $3,479.59 for administrative fees be forgiven.

2.  The applicant states the Defense Finance and Accounting Service (DFAS) was negligent in failing to properly notify him of the debt.  DFAS did not attempt to contact him until about four years after he had been relieved from active duty (REFRAD) and retired.  He states that he notified the U.S. Army Human Resources Command (HRC) of his address change, DFAS sent the debt notice to his previous mailing address, and he never received the debt notice.  He learned about the debt when he checked his credit report.  He contacted DFAS to resolve the matter, but he was referred to a collection agency.  He adds that he has exhausted all other administrative remedies.

3.  The applicant provides copies of –

* active duty orders (amendment)
* DA Form 4187 (Personnel Action) with enclosure
* Army National Guard (ARNG) PDMRA Calculator
* Army PDMRA Guidance
* REFRAD orders
* appeal of debt and interest charges


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant (Finance Branch), on 24 March 1979.

2.  Headquarters, U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO, memorandum, dated 28 April 1999, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), shows the Director, Personnel Actions and Services, notified the applicant that his eligibility for retired pay had been established upon attaining age 60.  (He was born in June 1956.)

3.  The applicant was promoted to lieutenant colonel/pay grade O-5 (Finance Branch), effective 8 February 2001.

4.  Headquarters, U.S. Army HRC, St. Louis, MO, Orders M-11-702839, dated 
7 November 2007, as amended, ordered the applicant to active duty in support of Operation Iraqi Freedom, on 25 November 2007, for a period of 365 days.

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty on 24 November 2008, and transferred to the USAR Control Group (Retired Reserve).  It also shows he served in Iraq from 14 December 2007 to 16 November 2008.

6.  Headquarters, United States Infantry Center, Fort Benning, GA, 
Orders 326-2247, dated 21 November 2008, released the applicant from active duty, effective 24 November 2008, to revert to retired status.

7.  In support of his application the applicant provides the following documents.

   a.  A DA Form 4187, dated 20 November 2008, that shows the applicant requested Assignment Incentive Pay (AIP) at a rate of $200.00 for each day of administrative absence (AA) that otherwise would have been authorized under the PDMRA program.

   b.  An ARNG PDMRA (AA) Calculator that shows, in pertinent part, the applicant indicated a start date of 14 October 2002 and end date of 25 August 2003 (Title 10, U.S. Code, section 12302) and a start date of 27 November 2007 and end date of 16 November 2008 (Title 10, U.S. Code, section 12301(d)).  The PDMRA (AA) Days Earned Report shows the applicant accrued 18 total days of AA for the most recent mobilization.

   c.  Page 1 of the Army PDMRA Guidance, dated 15 October 2007, that explains the program's purpose, scope, and method for determining creditable deployments/mobilizations.

   d.  A memorandum from the applicant to DFAS, dated 4 August 2014, subject:  Appeal of Debt and Interest Charges, that shows the applicant appealed the usury administrative charges and interest of $3,479.59.  He stated that he was not aware of or notified of the debt until 12 January 2014.  He added that correspondence may have been sent to his previous home of record, he was not aware he had a financial debt, and he should not be charged administrative charges and interest on the debt because he had not been notified of the debt.  He added that he was entitled to 18 days of AIP in accordance with the PMDRA.

8.  In the processing of this case, an advisory opinion was obtained from the Acting Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, Washington, DC.

   a.  The advisory official recommends the applicant's request for reimbursement for 18 days PDMRA be approved and that his request for forgiveness of the debt for additional administrative fees/interest be denied.

   b.  The advisory official states that based on the applicant's mobilization period of October 2002 to August 2003 and the mobilization period of November 2007 to November 2008 (served in Iraq), he qualified for 18 days PDMRA for the 12-month mobilization period.  

   c.  The advisory official also states that DFAS representatives indicated that the $3,479.59 administrative fees/interest attached to the initial $12,257.81 debt was the result of the debt going to collection when DFAS did not receive a response to the debt notice sent to the applicant's last known mailing address.  The debt was due to a 69 day negative leave balance at separation.  DFAS representatives also indicated that if the applicant can demonstrate that he did not receive the DFAS debt notice, DFAS would consider a reduction of the administrative fees/interest added to the initial debt.

9.  The applicant was provided a copy of the advisory opinion and, on 26 May 2015, he provided his response.  He addressed the matter of a reduction of the administrative fees/interest and provided the following information –

* he was released from active duty in 2008
* he moved in 2009 and the United States Postal Service forwarded his mail for one (1) year from his old mailing address (in Detroit, MI) to his new mailing address (in Sterling Heights, MI)
* he changed his address with the Michigan Secretary of State and Voter Registration in 2009
* DFAS did not attempt to notify him until 2014, the notice was sent to an old address, and he should not be penalized
* his 2009 U.S. Individual Tax Return mailing label that shows his mailing address in Sterling Heights, MI
* two Voter Identification Cards, issued on 10 June 2010 and 21 June 2012, that show his address in Sterling Heights, MI

10.  Public Law 112-239, National Defense Authorization Act for Fiscal Year 2013, section 605, allows a cash payment of $200 for each PDMRA day earned, but not received due to a Government error.  

11.  DoD Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 50 (Stoppages and Collections Other Than Courts-Martial Forfeitures), paragraph 500105 (Interest, Penalties, and Administrative Costs), provides that with respect to collections other than routine adjustments, the Secretary of the Military Department concerned will charge a minimum annual rate of interest on an outstanding debt to the United States that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be credited with 18 days of pay for his PDMRA and cancellation of a debt in the amount of $3,479.59 for administrative fees/interest was carefully considered.

2.  Records show the applicant was mobilized during the period October 2002 to August 2003.  He was also mobilized during the period of 25 November 2007 to 24 November 2008 and he served in Iraq.  As such, he qualified for 18 days PDMRA for this 12-month mobilization period.

3.  Records show the applicant was appointed as a commissioned officer in the Finance Branch in March 1979.  He continued to serve as a finance officer and he was promoted to LTC.  He was then transferred to the Retired Reserve.


   a.  Based on his years of service, grade of rank, and experience in his military specialty (Finance Branch), it is reasonable to conclude that he was aware of his debt due to a 69 day negative leave balance at the time of his separation on 
24 November 2008.  It is also reasonable to conclude that he was aware of Army finance processes and procedures with respect to contacting/corresponding with DFAS and providing his current mailing address.

   b.  Thus, when the applicant reverted to retired reserve status and he did not receive notice of collection of his debt due to the 69 day negative leave balance, it would have been reasonable for him to contact DFAS. 

   c.  However, there is no evidence that shows the applicant contacted or provided DFAS his new mailing address during the period under review.

   d.  Thus, in view of the foregoing, there is insufficient evidentiary basis for granting the request for cancellation of the administrative fees/interest added to the initial debt.

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 showing he qualified for and is entitled to 18 days of pay for Post-Deployment Military Respite Absence.


2.  The Board further determined that the evidence presented is 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 cancellation of a debt in the amount of $3,479.59 for administrative fees/interest.




      _______ _   _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)                                         AR20150001856



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ABCMR Record of Proceedings (cont)                                         AR20150001856



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