MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 April 2000                   
	DOCKET NUMBER:   AR2000039148

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 debt be cancelled.

APPLICANT STATES:  That requiring him to pay the debt would be an injustice.  He is indebted to the Government for $2,928.62 for overweight shipment of household goods from Germany to the states, but he saved the Government over $46,000.00 by extending his foreign service tour (FSTE) in Germany twice without receiving any bonuses or benefits for the extensions.  He provides the June 1992 approval of his first FSTE and the January 1995 approval of his second FSTE; an 11-page household goods inventory; a 2-page addendum to inventory; a 3-page explanation of indebtedness (household goods or baggage in excess of weight allowance); DA Form 3508-R, Application for Remission or Cancellation of Indebtedness; his May 1999 leave and earnings statement; his   7 May 1999 notification of indebtedness letter with a sworn statement as to why it should not be collected; his company commander’s recommendation for relief of his debt, the battalion commander’s endorsement of that recommendation and the local Defense Accounting Officer’s concurrence in that recommendation; and U. S. Total Army Personnel Command’s (PERSCOM) disapproval of remission or cancellation of that debt as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior service, he reenlisted in the Regular Army on 28 October 1983 and was awarded military occupational specialty  (MOS) 19D (Cavalry Scout).  He was reassigned to Germany for the second time on 3 April 1991.  He served as a 19D30 instructor and 19D4H with the 7th Army Noncommissioned Officer (NCO) Academy; an 11B50 targeting NCO with the 7th Army Training Center, and as a 19D40 NCO in charge of the Device Division, 7th Army Combined Arms Training Center.  He extended his foreign service tour twice, once in June 1992 and again in January 1995.  

The applicant departed Germany on 30 May 1997.  During this move he was authorized to ship 11,000 pounds; he shipped 13,512 pounds, resulting in a debt of $2,928.62.  

Army Regulation 614-30 provides policy guidance on eligibility and selection of military personnel for overseas service and tour lengths for military personnel serving overseas.  Paragraph 6.3 discusses the Overseas Tour Extension Incentive Program (OTEIP) (formerly the Overseas Extension Incentive Program).  The OTEIP is designed to improve soldier retention, enhance unit readiness and increase stabilization and turnaround time between overseas assignments.  Special pay, special rest and recuperative (SR&R) absences, and travel entitlements are available for qualified enlisted soldiers who have an OTEIP specialty and voluntarily extend their tours in designated areas overseas for not less than one year.  The PERSCOM manages OTEIP and publishes the approved OTEIP MOS code listing.  To receive OTEIP benefits, a soldier must possess a specialty that is on the current OTEIP list; be assigned and utilized in a position identified by an OTEIP MOS code; have completed the current prescribed overseas tour; execute an agreement to extend the current tour for a period of at least one year; and request FSTE under the OTEIP at least 90 days prior to his/her date of expected return from overseas and select a benefit at the time the request is submitted.  Participation in OTEIP is not automatic.  In order to receive OTEIP entitlements, soldiers must indicate on their request for FSTE their choice of special duty pay of $80.00 per month during the period of extension, or a period of SR&R leave (non-chargeable) for not more than          30 days, or a period of SR&R leave (non-chargeable) for not more than 15 days and (for the soldier only) round-trip transportation at government expense from the duty location to the nearest port of embarkation providing travel to the States, then to the nearest port of debarkation in the States and return.

On 12 April 2000, PERSCOM confirmed that MOS 19D was not on the approved OTEIP listing during the periods the applicant requested his FSTEs.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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 the aforementioned requirement.

2.  The Board appreciates the applicant’s two FSTEs because they saved the cost of at least one permanent change of station.  However, the evidence shows that he was not eligible for any OTEIP benefits so he did not save the Army money by not receiving those benefits.  In addition, had he been eligible, he would have been entitled to only one of the three benefits at a time, not all three.

3.  The Board also realizes how easy it is to accumulate collectibles while assigned overseas.  However, when it comes time to move it is then the soldier’s responsibility to dispose of any excess household goods that he believes will cause an overweight shipment or accept the responsibility to pay for that excess weight.  As a senior NCO, the applicant had experience in permanent change of station moves, to include overseas moves, and knew what was required.

4.  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

__sk____  __kak___  __clg___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000039148	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.