PROCEEDINGS

	IN THE CASE OF:            

	BOARD DATE:                14 November 2000
	DOCKET NUMBER:        AR2000041468

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Terry L. Placek		Member	
	Ms. Meta Waller		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 reimbursement for basic allowance for subsistence (BAS) for the period 18  February to 13 April 2000.

3.  The applicant in effect, relies on his military record and documents he submits in support of his case.  He submits a copy of a DA Form 4187 (Personnel Action) in which he requests rations, dated 18 February 2000 and his marriage certificate, dated 17 February 2000.

4.  The applicant’s military record show he enlisted on 19 February 1998 and he is currently assigned to Headquarters and Headquarters Troop, 1-11th Armed Cavalry Regiment, Fort Irwin, California. 

5.  On 17 February 2000, the applicant was married.  On 18 February 2000, he submitted a DA Form 4187 requesting BAS.  His command acknowledges receiving his request form on 18 February 2000, but failed to approve, sign and date the certification until 14 April 2000.  He has received BAS from that date. 

6.  In the processing of this case, an advisory opinion was obtained from the
Defense Finance and Accounting Service (DFAS) Entitlements Branch.  The opinion states that a Board action is required to approve a request for retroactive entitlement to BAS.  The opinion recommends that the Board approve the retroactive request for the difference between partial and full payment of BAS for the period 18 February through 13 April 2000. 

7.  Department of Defense Financial Management Regulation, Volume 7, Part A, Paragraph 250401 a. states; “LIMITATION.  Authorization to mess separately cannot cover retroactive periods.  However, this does not prevent payment of BAS from the time of an oral authorization by proper authority if the oral approval of the member’s request is promptly confirmed in writing.”  Deputy Chief of Staff 
for Personnel message 040932Z Jun 98, SUBJECT:  Basic Allowance for Subsistence (BAS) Reform.  Paragraph 2d states verbal authorization for BAS must be “promptly confirmed in writing, within 5 working days under normal circumstances”.

8.  The opinion was referred to the applicant for comment or rebuttal, but he failed to respond. 

CONCLUSIONS:

1.  The Board notes that unit officials are responsible for processing personnel action requests for BAS.  It is reasonable to presume that the delay in submission or lack of submission of the applicant’s request was not his fault.  Therefore, the member should not be denied BAS from 18 February through
13 April 2000. 

2.  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 authorizing the individual concerned BAS for the period 18  February to 13 April 2000.

BOARD VOTE:  

___slp __  ____tlp__  ____mw _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Shirley L. Powell__________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041468	
SUFFIX		
RECON		
DATE BOARDED	200001114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	ACTIVE DUTY	
DISCHARGE AUTHORITY	. . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  		
2.		
3.		
4.		
5.		
6.