MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 July 2000
	DOCKET NUMBER:  AR2000036854

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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: That his indebtedness to the U.S. Government be cancelled.

APPLICANT STATES: That he was not aware of a pay problem until 13 May 1999 when he was clearing Fort Hood, Texas.  He alleges he was not aware of a pay change until then.  He provides an overview of his military career. 

EVIDENCE OF RECORD: The applicant's military records were not available.  Information herein was obtained from alternate sources.

During the period September 1996 to September 1998, he lived with his family in Government quarters in Hawaii.  In September 1998, he and his wife became separated and she remained in the Government quarters with their children while he moved into the barracks.

Continuing to draw Basic Allowance for Housing (BAH) and Cost of Living Allowance (COLA) during the period October 1998 to September 1999, the applicant received an overpayment of BAH and COLA.

On 13 January 2000, the applicant requested the Commander, Total Army Personnel Command (PERSCOM) remit or cancel his indebtedness.  After a careful and thorough review of his case, PERSCOM officials elected to deny his request.

On 23 March 2000, the PERSCOM opined that his application to this Board should be denied.

On 28 March 2000, the PERSCOM opinion was furnished to the applicant for his acknowledgment/rebuttal.  The applicant did not respond.

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.  There is no evidence that the applicant ever reported the inconsistencies in his pay to his commander or finance officials, which was his responsibility to do; therefore there is no error or injustice.

2.  While he contends he did not receive his leave and earnings statement for a period of time, he should not be excused from repaying the overpayment.

3.  The preceding is supported by the opinion provided by the PERSCOM officials.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  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

__jp___  ___mm___  __ja____ DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
     of Military Records

INDEX

CASE ID	AR2000036854	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
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	BAH/COLA overpayment	
2.		
3.		
4.		
5.		
6.