IN THE CASE OF:  	  

		BOARD DATE:  10 September 2015	  

		DOCKET NUMBER:  AR20150011717 


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 remission of his indebtedness to the government in the amount of $2,448.49 for shipment of excess household goods (HHGs).

2.  He states, in effect, he applied for remission of indebtedness, due to a debt that resulted from his HHGs being overweight when he made a permanent change of station (PCS) move from Fort Stewart, GA to Fort Bragg, NC.  The original debt, in the amount of $7,345.48, was partially remitted to a current balance of $2,448.49.  He adds that when a financial evaluation was performed by Army Community Services (ACS), the agency concluded that his adjusted household budget had a monthly deficit of $77.90 without consideration for overweight shipment of HHGs.  Based on financial hardship, the applicant requests complete remission of this debt.  

3.  He provides:

* DA Form 2823 (Sworn Statement), written in his own behalf, notarized on 16 January 2015
* Memorandum, Subject, Budget Review for Applicant (Remission Packet), dated 25 November 2014, with an Army Emergency Relief (AER) Financial Planning Worksheet
* Internet Shipment Information
* North American Van Lines Bill of Lading and Freight Bill
* DD Form 1797 (Personal Property Counseling Checklist)
* DD Form 1299 (Application for Shipment and/or Storage of Personal Property)
* DD Form 619 (Statement of Accessorial Services Performed)
* Memoranda Subject:  Remission or Cancellation of Indebtedness, dated 26 November 2014 and 9 March 2015 
* Memorandum, Subject:  Remission or Cancellation of Indebtedness, dated 10 June 2015, with a DA Form 3508 (Application for Remission or Cancellation of Indebtedness), dated 19 May 2015 
* Memorandum Subject Cancellation of Indebtedness, dated 24 April 2015
* Email
* DD Form 139 (Pay Adjustment Authorization), dated 22 September 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in the rank/grade of specialist four (SPC)/E-4 on 17 November 2010 for 3 years and 25 weeks.  

2.  On 22 July 2013, he extended his enlistment for an additional 2 years and
7 months to meet the service remaining requirement for the Bonus Extension and Retraining (BEAR) Program.

3.  On 16 December 2013, he performed a PCS move from Fort Stewart, GA to Fort Bragg, NC. 

4.  On 1 February 2014, he was promoted to sergeant (SGT)/E-5.

5.  On 22 September 2014, a DA Form 139 from the Defense Finance and Accounting Service (DFAS) shows the applicant had a balance due to the government in the amount of $7,345.48.  The dollar amount was based on him having an excess shipping weight of 14,711 pounds.  Additionally, the form shows an entry of "0" weight for professional items.  

6.  On 24 November 2014, the applicant was informed by email of his indebtedness to the U.S. Government in the amount of $7,345.48 for transportation debt/excess HHGs.

7.  On 25 November 2014, a Financial Analysis was prepared by a Financial Counselor, ACS, Fort Bragg, NC.  The counselor determined the applicant had a household budget monthly deficit of $77.90.  Based on this deficit, the counselor explained to DFAS that the applicant did not have the ability to afford repayment of the debt incurred from the overweight shipment of HHGs.  

8.  On 26 November 2014, the applicant's commander requested approval of his request for remission or cancellation of indebtedness.  The commander explained the applicant recently graduated from the Military Information Support Operations Course and he was assigned to B Company, 7th Psychological Operation Battalion, (Airborne).  He has a Doctor of Philosophy Degree in Industrial Engineering, was fluent in French, had professional experience in Africa outside of the Army, and was an asset to the unit.  The commander stated the applicant was the sole provider for his wife and two children, and as such, the debt incurred during his PCS move proved to be an overwhelming burden. Cancellation of this debt would allow him to provide essentials to his dependents and to repay other existing debt.

9.  On 9 March 2014, the battalion commander requested approval of the applicant's request for remission or cancellation of his debt and he reiterated the unit commander's sentiments.

10.  The applicant submitted a DA Form 3508 to the Fort Bragg Finance Office that shows he was requesting remission or cancellation of his indebtedness based on hardship.  The form also shows he calculated his monthly deficit as $560.79.  

11.  On 24 April 2015, the Director Military Pay Office, Fort Bragg, NC submitted a memorandum to the U.S. Army Human Resources Command (HRC), Fort Knox, KY recommending the indebtedness in the amount of $7,345.48, pertaining to the applicant, be partially approved based on hardship.  This official states the following:

   a.  The applicant conducted a PCS move in January 2014 from Fort Stewart to Fort Bragg.  He stated that during his last PCS he and his family inherited a lot of antique pieces.  His spouse has a lot of professional items as well, and he is the sole provider of his household.  As a result, the applicant exceeded his weight allowance during the move which resulted in a debt being placed against him.

	b.  In accordance with Army Regulation 600-4 (Remission or Cancellation of Indebtedness) paragraphs 1-12b and 1-13a there are no factors for consideration with respect to injustice.  The applicant was informed of his allowable weight for the PCS move.  Since he exceeded this weight allowance he is liable for the cost of the excess goods.

	c.  Additionally, according to the applicant's budget and his statement, he is the sole provider in his household.  Presently, he has a deficit of $77.90 monthly, but with some adjustment of his budget, he will be in a positive income status. 

12.  The applicant's Financial Analysis and DA Form 3508 are void of any reference to income he received based on a bonus.
13.  A memorandum from the Chief, Special Actions Branch, HRC, dated 10 June 2015, verified that the applicant's debt remission/cancellation in the amount of $7,345.48 was partially approved for $4,896.99.

14.  Information obtained from DFAS show the applicant received two bonuses:  An enlistment bonus paid on 9 August 2011 in the amount of $2,000.00 and a reenlistment bonus in the amount of $31,500.00 of which $22,680.00 was paid on 28 January 2015.  

15.  Army Regulation 600-4 gives instructions for submitting and processing applications for remission or cancellation of indebtedness to the U.S. Army.  The regulation states the immediate commander will assist the Soldier with the
DA Form 3508.  Paragraph 3-1d states the commander will recommend approval, in whole or in part, or disapproval in a formal memorandum.  Reasons will be provided for the recommendation and other information as follows:

* State how remission or cancellation would or would not serve the best interests of the U.S. Government
* State the effect on the Soldier's ability to discharge credit obligations and to provide for family members, if any
* Point out items that cannot be confirmed
* Show if the Soldier

* Is at fault for being in debt to the U.S. Army
* Could have prevented the debt to the U.S. Army
* Could have been aware of the Army's policy in this area in view of past or present military occupational specialty, rank, years of service, or prior experience
* Acted properly in trying to correct the error
* Acted in good faith

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for remission of the debt he incurred as a result of excess HHGs was carefully considered.  However, by regulation the member must provide clear and convincing evidence of injustice or hardship to support approval of an application for cancellation or remission of indebtedness.

2.  The HRC partially approved cancellation or remission of his debt in the amount of $4,896.99 leaving a current balance of $2,448.49.  It appears this amount was based on the applicant's financial analysis and the DA Form 3508 which indicated he had a deficit and repayment of the amount owed would create a hardship.  However these forms do not include the fact that in January 2015, he received a bonus payment in the amount of $22,680.00.  

3.  Therefore, it appears that the applicant is financially able to repay the reduced amount of $2,448.49.  In view of the foregoing, there is an insufficient basis for granting the applicant's request for remission of his debt.

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)                                         AR20150011717



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ABCMR Record of Proceedings (cont)                                         AR20150011717



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