PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          9 January 2001     
	DOCKET NUMBER:   AR2000042862

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 retroactive payment of basic allowance for subsistence (BAS).  He notes he requested activation of BAS effective
23 February 2000 but did not receive his entitlement until 22 April 2000.

3.  Records indicate the applicant reported to Fort Irwin, California at 2020 hours on 22 February 2000.  His pay vouchers indicate that he may have been receiving partial BAS (a rate of approximately .85 per day) commencing on 
23 February 2000 when he should have been receiving full BAS (a rate of approximately $7.58 per day).  He did not begin receiving full BAS until
22 April 2000 when his unit commander authorized entitlement to full BAS.

4.  In the processing of this case an advisory opinion was provided by the Defense Finance and Accounting Service (DFAS) in Indianapolis indicating that the applicant began receiving full BAS on 22 April and that entitlement to any retroactive BAS required approval of his unit commander.  When provided the opportunity to respond to the advisory opinion the applicant furnished a copy of a DA Form 4187 (Personnel Action), signed by his unit commander, authorizing full BAS effective 23 February 2000.  The DFAS noted in their opinion that once “an authorized DA Form 4187” was received the “Board should approve any payments due without contacting DFAS-IN/TJA for a further opinion since it involves a retroactive entitlement.”

CONCLUSIONS:

1.  The applicant’s unit commander confirmed that the applicant was entitled to full BAS effective 23 February 2000 and his records should be corrected accordingly.  

2.  If in fact the applicant was receiving partial BAS entitlements between 23 February 2000 and 22 April 2000, when his full BAS commenced, the Board notes that he would, of course only be entitled to the difference between partial and full BAS.

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 showing that the individual concerned was entitled to full BAS commencing on 

23 February 2000 with entitlement to any back pay which he may be entitled to once officials at the DFAS have appropriately adjusted his pay account.

BOARD VOTE:  

__mdm___  __clg___  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042862	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.