PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1999025877

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

	Mr. Loren G. Harrell		Director	
	Mr. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests a total cancellation of his indebtedness to the government of $1865.10, and a refund of money already collected from his pay.

3.  The applicant states he requested and received approval from his commander, a total cancellation of his indebtedness.  However, it was only partially approved for $579.38, because the approving officials at the Total Army Personnel Command (PERSCOM) stated $1,285.38 of the debt had already been collected from his pay and could not be cancelled.  He also states the indebtedness was caused through no fault of his own and is an injustice.  He submits a copy of his application for cancellation of indebtedness, a copy of the PERSCOM approval, and leave and earning statements in support of his request.

4.  The applicant’s military records were not provided to the Board.

5.  While serving on active duty as a staff sergeant (E-6), the applicant was charged with indebtedness to the government for $1,865.10, for an overpayment of basic allowance for quarters.  He was notified on 20 August 1998 of the indebtedness.

6.  On 11 September 1998 he submitted application for cancellation of the indebtedness based on injustice and hardship.  His commander supported his request.

7.  A collection was made in the amount of $1,285.72 from his 1 to 31 October 1998 pay.  The leave and earnings statement also showed a debt balance of $579.38.

8.  The 1 to 30 November 1998 leave and earnings statement shows that no collection was made from his pay of $579.38 based on cancellation of the indebtedness.

9.  On 21 January 1999 a memorandum from the Chief, Special Actions Branch, PERSCOM to the Defense Finance & Accounting Service, showed his indebtedness in the amount of $579.38 was cancelled, but that since $1,285.38 of the indebtedness was collected prior to the commander’s signature of the application, it could not be considered for remission or cancellation.  It was further stated that the applicant may apply to the Correction Board for further review.

CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to a total cancellation of his indebtedness to the government, and a refund of money already collected.
2.  The evidence indicates, and the Board presumes in this case, that had the PERSCOM officials received and acted on his request for cancellation of the entire indebtedness before any collection of the debt, i.e., collection of $1,285.38 in his October 1998 pay, the entire amount would have been cancelled.

3.  No error is apparent in the collection or cancellation of the indebtedness, however, the entire indebtedness should be cancelled based on the presumption made above, and based on equity and compassion.  A refund of the collection of $1,285.38 should also be made in behalf of the applicant.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing a total cancellation of the indebtedness to the government of the individual concerned in the amount of $1,865.10, and a refund of the amount of $1,285.38 already collected from his pay.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

slp______  sc______  bje _____  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 26	
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.	128.00	
2.		
3.		
4.		
5.		
6.