PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                        28 September 2000
	DOCKET NUMBER:              AR2000043263

	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. Joyce A. Wright		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 reimbursement for advancement to SP4/E-4, effective 1 April 2000 and reimbursement for basic allowance for subsistence (BAS) for the period of 10 February 2000 to 14 March 2000.

3.  The applicant states that his DA Form 4187 (Personnel Action/Advancement to Specialist) was submitted through finance on 4 May 2000 with an effective date of 1 April 2000, but it was overlooked and he is not being paid as an E-4.  He also states that his DA Form 4187 (Personnel Action/Request for Separate Rations) (correctly known as BAS) was also submitted through finance on 4 May 2000 with an effective date of 10 February 2000, but it also was overlooked and
as a result he did not receive his BAS until 15 March 2000.  In support of his application he submits copies of the cited DA Forms 4187.

4.  The applicant’s military records show he enlisted on 17 June 1998 and is currently assigned to Company B, Walter Reed Army Medical Center as a radiology specialist. 

5.  One DA Form 4187 provided by the applicant is dated 22 March 2000 and shows that he was advanced to the pay grade of E-4 with an effective date of 1 April 2000.  

6.  The other DA Form 4187 is dated 7 March 2000 and shows he was authorized BAS effective 10 February 2000.

7.  In the processing of this case an advisory opinion was obtained from the
Defense Finance and Accounting Service (DFAS) Entitlements Branch.

8.  The DFAS advisory opinion stated that a Board action is required to approve a request for retroactive entitlement to BAS and that the applicant’s promotion was processed on 12 July 2000 as indicated on the Master Military Pay Account (MMPA). 

9.  The opinion by DFAS also recommended that the Board approve the retroactive request for the difference between partial and basic allowance for subsistence (BAS) for the period 10 February 2000 through 6 March 2000.  DFAS also stated that the applicant’s BAS was started on 7 March 2000 as indicated on the MMPA. 

10.  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”.

CONCLUSIONS:

1.  The Board notes that unit officials are responsible for processing personnel action requests for advancement to E-4 and request for BAS.  It is reasonable to presume that the delay in submission or lack of submission of the applicant’s requests were not his fault.  

2.  The Board also noted that the advisory opinion indicated that the applicant’s request for promotion with an effective date of 1 April 2000 was processed 
on 12 July with back pay and allowances. 

3.  The applicant was indeed authorized BAS effective 10 February 2000, and
should have been paid BAS effective 10 February 2000 instead of 7 March 2000. Therefore, he is authorized BAS for the period 10 February 2000 through 6 March 2000.

4.  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 10 February 2000 through 6 March 2000.

BOARD VOTE:  

RVO____  EMW____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		RAYMOND V. O’CONNOR, JR.
		        CHAIRPERSON

INDEX

CASE ID	AR2000043263	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	ACTIVE DUTY	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  297		
2.		
3.		
4.		
5.		
6.