PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000042680

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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, removal of financial liability and a refund of $237.94 garnished from her wages as a result of a Report of Survey (ROS).

3.  The applicant states, in effect, that the referred to financial liability and cash collection was the result of an erroneous ROS action processed by her chain of command in Korea.  She claims that she was never informed of the ROS action and she was never provided a copy of the action nor given an opportunity to submit a rebuttal to the charges leading to the assessment of liability.

4.  The applicant’s military records show that she has continuously served on active duty since 1981 and that she is currently serving in the rank of Master Sergeant (MSG) at Fort Knox, Kentucky.  

5.  In March of 1999 the applicant departed from her unit of assignment in Korea, the 24th Area Support Group, on a mid-tour leave.  While on leave an emergency was identified and the applicant was granted a compassionate reassignment and never returned to Korea.  A representative of her unit in Korea was identified to clear her from the post in Korea and to make arrangements for the transportation of her belongings back to the United States.  

6.  In August 1999, the applicant received a Leave and Earnings Statement (LES) that indicated that a deduction from her pay in the amount of $237.94 had been collected based on her indebtedness to the government.  At the time of this collection the applicant had no idea of the nature of the debt.  

7.  After making every effort to determine the basis for her debt, in March 2000, with the assistance of the Inspector General’s (IG) office, she found that the debt collection was the result of a financial liability finding against her contained in ROSs # S or 5 480/HI/71 and # S or 5 480/HI/72.  These ROS actions found her financially liable for a vacuum cleaner, a fan, and a pair of trousers.  

8.  On 22 March 2000, the applicant submitted a rebuttal to the financial liability findings outlined in ROS actions outlined in the preceding paragraph.  She indicated that no one had inventoried her household goods when they were shipped from Korea, even after she had forwarded orders effecting her reassignment and a power of attorney of which receipt had been acknowledged.  She also commented that she had consistently attempted to resolve the issue since September 1999 with no result and further that she did not have the property items in question.  

9.  In connection with the processing of this case an advisory opinion was requested of and received from the Office of the Eighth Army Assistant Chief of Staff for Logistics in Korea.  They found that the applicant’s chain of command did not follow proper ROS procedures in connection with the cash collection action taken against the applicant.  A copy of the ROS was not included with the collection action, the unit failed to appoint a supply representative to conduct the inventory of the applicant’s property, and no supporting documentation was provided.  Based on these findings they recommended that the applicant be refunded all monies and that no additional action be taken on the ROS.  On 
8 August 2000, the applicant was provided a copy of this opinion but has to date failed to respond. 

10.  Army Regulation 735-5 (Policies and Procedures for Property Accountability) prescribes the basic policies and procedures in accounting for Army property.  Chapter 13 contains guidance on the Report of Survey System and requires that a Report of Survey officer be appointed when necessary to determine financial liability.  

11.  Paragraph 13-32 specifically requires that a survey officer give any individual, against whom they assess financial liability, a chance to examine the ROS after the findings and recommendations have been recorded on the Department of the Army (DA) Form 4697 (DA ROS Form).  In addition it is required that individuals be provided an opportunity to make a rebuttal statement in their own behalf.  The survey officer is also required to explain, to the individual recommended for a charge of financial liability, the consequences of the recommendation, if approved and the significance of any rebuttal statement submitted by them regarding the possible assessment of financial liability.  The survey officer is additionally required to consider and attach as an exhibit to the ROS any statement the individual desires to submit. 

CONCLUSIONS:

1.  The Board concurs with the findings and recommendations contained in the Eighth Army advisory opinion.  Specifically that the ROS action taken against the applicant was improperly processed and the resultant debt collection was inappropriate.  Therefore, the Board concludes that the applicant should be reimbursed the full amount of any monies collected in connection with this action. 

2.  Further, the Board concludes that the applicant is free of any financial liability in connection with loss of the particular property items in question and that any reference to the applicant’s financial liability contained in any files being maintained in connection with the processing the ROSs in question be expunged. 

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 by expunging any reference to the financial liability of the individual concerned in connection with the property items for which the ROSs in question were processed and that she be reimbursed the $237.94 withheld from her wages as a result of this erroneous debt collection action.  

BOARD VOTE:  

__emw __  __dh____  _rvo ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042680	
SUFFIX		
RECON		
DATE BOARDED	2000/09/28	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1024	116.0100	
2.		
3.		
4.		
5.		
6.