PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR2000038847

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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, in effect, that he be paid back pay for basic allowance for subsistence (BAS) for the period from 4 January to 10 February 2000.

3.  The applicant states that his request to change his BAS entitlements from Partial to regular BAS was submitted by his unit on 10 February 2000 because he was unaware that that his BAS had been stopped when he departed his last unit. 

4.  The applicant’s military records show that on 4 February 2000, while serving in the pay grade of E-3, he submitted a request to have his separate rations (BAS) changed from partial BAS to regular BAS effective 4 January 2000.  His commander approved the request on 10 February 2000.

5.  In the processing of this case a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) in Indianapolis, Indiana.  It opined that the applicant’s BAS was started on 10 February 2000 and that Board action was required to authorized retroactive payment of BAS entitlements back to 4 January 2000.  The DFAS recommended that the Board approve his request.  The opinion was provided to the applicant for response and to date no response has been received by the staff of the Board.

6.  Department of the Army Circular 210-90-1 provides, in pertinent part, that retroactive payment of BAS can be made on an oral authorization promptly confirmed in writing within 5 working days under normal circumstances.

CONCLUSIONS:

1.  The applicant’s commander had the authority, by his verbal order to authorize him BAS. 

2.  The administrative error which resulted in the failure to authorize him regular BAS at the time he inprocessed, or within 5 working days thereafter, has worked an injustice on the applicant.

3.  In consideration of the foregoing, and the favorable opinion from the DFAS, it would be in the interest of justice to correct this error by giving him regular BAS entitlements for the period 4 January to 9 February 2000.

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 that the individual concerned was authorized regular BAS entitlements effective 4 January 2000 with entitlement to back pay from that date.
 
BOARD VOTE:  

___cmf __  __fe____  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Calvin M. Fowler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038847	
SUFFIX		
RECON		
DATE BOARDED	2000/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  295	128.1200/BAS	
2.		
3.		
4.		
5.		
6.