PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           8 August 2000                   
	DOCKET NUMBER:   AR2000042763

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm 		Member	
	Mr. Ronald E. Blakely		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 he be paid Basic Allowance for Subsistence (BAS) effective 1 February 2000.

3.  The applicant states that he has performed shift work at Weed Army Community Hospital, Fort Irwin, California, since February 2000 and should have been paid BAS from that date.  In support of his request, he provides a DA Form 4187, Personnel Action, in which his commander authorized BAS effective 18 March 2000.

4.  The applicant’s military records show that he is a specialist serving on active duty as a medical specialist at Fort Irwin.  A DA Form 4187, dated 23 May 2000, requests back payment of BAS from 18 March 2000.  It is authenticated by the applicant's commander.

5.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Office (DFAS) which states that the applicant’s BAS was started on 23 May 2000.  The DFAS recommends approval of the applicant's request, but only to pay back BAS from 18 March 2000 through 22 May 2000.  The applicant was provided a copy of the advisory opinion for comment and/or rebuttal, but he did not respond.

CONCLUSIONS:

1.  The applicant is working in a job in which his commander authorized BAS due to the odd hours worked.  The DFAS began paying BAS effective 23 May 2000.

2.  The applicant's commander has certified that BAS should have begun on 18 March 2000 and requested back payment via DA Form 4187.  The DFAS advisory opinion concurred with such a back payment.

3.  The applicant is entitled to back payment of BAS for the period from 18 March 2000 through 22 May 2000.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  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 March 2000 through 22 May 2000.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__sk____  __jea___  __reb  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042763	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1200	
2.		
3.		
4.		
5.		
6.