PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 June 2000
	DOCKET NUMBER:   AR2000037954

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Walter T. Morrison		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 that he be paid full Basic Allowance for Subsistence (BAS) for the period 7 July 1999 to 10 January 2000.

3.  The applicant states, in effect, that during the above period, due to a system error, he was only paid partial BAS at the rate of about $0.83 a day instead of the full $7.58 a day he should have been receiving.  He submits a statement from his company commander that a DA Form 4187, Personnel Action, was submitted to establish his full BAS.  They inquired on the status of the request several times but never received an answer.  The applicant’s adjutant noncommissioned officer submits a statement that the applicant never received a meal card in lieu of BAS during this period.

4.  The applicant’s military records show that on 7 July 1999, he arrived at his new duty station, Fort Benning, having undergone a permanent change of station move from Fort Bragg.  After arrival at Fort Benning, he received only partial BAS instead of the full BAS he should have received.  His chain of command initiated corrective action that did not take effect until 1 February 2000.  The DFAS automated pay account for the applicant shows that he began to receive full BAS pay on 1 February 2000.

5.  The Defense Finance and Accounting Service, Indianapolis Center, provided an advisory opinion recommending approval of the applicant’s request indicating that he should be authorized BAS for the period 7 July 1999 through 31 January 2000.  The applicant was provided a copy of this advisory opinion for comment, but as of the date of the board, he has not responded.

CONCLUSIONS:

1.  The applicant should have been paid full BAS beginning on his arrival at Fort Benning on 7 July 1999.  The system failed to start full BAS until 1 February 2000.  The applicant should be paid the full BAS rate from 7 July 1999 through 31 January 2000.  The Defense Finance and Accounting Service opined that the applicant should be paid accordingly.

2.  The correct period for the missing pay is 7 July 1999 through 31 January 2000.  The applicant only requested 7 July 1999 to 10 January 2000 not knowing at the time that he applied for correction, when his correct full BAS would start.

3.  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 for the individual concerned by paying him full BAS for his pay grade stationed at Fort Benning for the period 7 July 1999 through 31 January 2000.

BOARD VOTE:  

__MM__  __CG_  _WM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037954	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.128.14	Other Types Pay, BAS	
2.		
3.		
4.		
5.		
6.