PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           1 June 2000                   
	DOCKET NUMBER:   AR2000037984

	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
Mr. Robert J. McGowan		Director
Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise 		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Melvin H. Meyer		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 his Basic Allowance for Subsistence (BAS) be restarted effective with his graduation from Drill Sergeant School and that he be paid all back payments of BAS due him.

3.  The applicant states that his BAS was stopped when he attended Drill Sergeant School, but upon completion of the training, his BAS was never restarted.  He adds that he was, and still is, married and living in Government quarters during the period 10 October 1996 to present.  His BAS was not restarted until January 2000.

4.  The applicant’s military records show that he is a staff sergeant (E-6).  In 1996, he was an infantryman stationed at Schofield Barracks, Hawaii.  He was reassigned to Fort Benning, Georgia, in late 1996 and attended Drill Sergeant School from 10 October 1996 through 17 December 1996.  While in Drill Sergeant School, his BAS was discontinued because he was required to mess at the school.

5.  When he completed Drill Sergeant School, the applicant was assigned to Company A, 1st Battalion, 50th Infantry, Infantry Training Brigade, US Army Infantry School, at Fort Benning.  His BAS was not restarted.  Because he was receiving Special Duty Pay as a Drill Sergeant, his total entitlements remained the same and he did not realize that his BAS had not been restarted.  He came off of Drill Sergeant status effective end-of-month December 1999 and was assigned to the Physical Fitness Training Unit, 30th Adjutant General Reception Battalion, Fort Benning.  He states that his new unit processed him for BAS which started in January 2000.

6.  In the processing of this case, an advisory opinion was received from the Defense Finance and Accounting Service (DFAS)—Indianapolis which stated that if the applicant’s loss of BAS was caused by his reporting to a new unit, the Board would have to approve his entitlement to back payment of BAS.  The applicant was provided a copy of the DFAS advisory opinion and his unit commander provided a memorandum to the Board stating that, upon reporting to Company A, 1/50 Infantry, the unit failed to restart his BAS.

CONCLUSIONS:

1.  The applicant was receiving BAS, but the payments were properly stopped during the time he attended Drill Sergeant School.

2.  After completing Drill Sergeant School on 17 December 1996, the applicant was reassigned to a basic training unit, but his BAS was not restarted.

3.  The applicant is entitled to back payment of BAS for the period from 18 December 1996 to a date to be determined by DFAS (probably 31 December 1999).

4.  The DFAS advisory opinion recommends Board action to authorize the applicant be reimbursed for unpaid BAS from 18 December 1996 if the reason for nonpayment was because his new unit failed to restart his BAS.

5.  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 paying to the individual concerned the appropriate amount of BAS from 18 December 1996 to a date to be determined by DFAS.

BOARD VOTE:  

__jch____  __rvo___  __mhm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __James C. Hise____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037984	
SUFFIX		
RECON		
DATE BOARDED	20000601	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1200	
2.		
3.		
4.		
5.		
6.