MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            10 June 1999                  
	DOCKET NUMBER:   AR1998013758

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr. 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: In effect, that his records be corrected to show that he was not indebted to the US Government in the amount of $2,441.48.

APPLICANT STATES: That he was divorced in May 1994 and continued to reside off-post with a dependent who was not in his (legal) custody.  He does not have a copy of the lease for the quarters or authorization from Army officials at Fort Riley, Kansas to reside off-post.

EVIDENCE OF RECORD: The applicant's military records show:

In August 1992, the applicant was assigned to Fort Riley, Kansas and occupied off-post quarters with his family.

In February 1994, he was divorced and continued to reside in the off-post quarters.

In April 1996, when in-processing into his new assignment, finance officials discovered the overpayment of basic allowance for quarters in the amount of $8,244.89.

On 31 March 1997, in response to the applicant’s request, the Commander, Total Army Personnel Command cancelled $5,803.41 of his total indebtedness (COPY ATTACHED).  The balance of $2,441.48 had been collected and could not be considered for remission or cancellation.

On 5 April 1999, the Defense Finance and Accounting Service (DFAS), Indianapolis Center opined (COPY ATTACHED) that the applicant has not provided the documentation required of an E-6 to indicate his commander authorized him to reside off-post after his divorce.  Further, overpayments are to be collected back.  Once funds are collected, the remission of his debt is not allowed.

The applicant was furnished a copy of the DFAS opinion and elected not to submit a rebuttal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The evidence shows that the applicant was authorized to reside in off-post quarters with his spouse from August 1992 to February 1994; however, at the time of their divorce, that authorization was no longer in effect and he is unable to provide further authorization by his commander.

2.  If the applicant is able to obtain documentation showing his authorization to reside off-post for the period February 1994 to April 1996 from officials at Fort Riley, this Board will reconsider his request.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

sac_____  slp______  eja______ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013758	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 June 10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.128	Pay and allowance	
2.		
3.		
4.		
5.		
6.