PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 March 2001                   
	DOCKET NUMBER:   AR2000043893

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. Oshaughnessy		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 27 January 2000.

3.  The applicant states that the unit was unaware of the non-availability of "meal card rations" at his separate annex duty station.  In support of his request, he provides a DA Form 4187, Personnel Action, in which his commander authorized BAS effective 27 January 2000.

4.  The applicant’s military records show that he is a specialist serving on active duty as a medical laboratory specialist at the Armed Forces Institute of Pathology, Forest Glen Annex, Silver Spring, Maryland.  A DA Form 4187, dated 6 November 2000, requests back payment of BAS from 27 January 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).  It states that the applicant’s request, upon receipt of a DA Form 4187 from the commander specifying the correct dates, should be approved by the Board.  The applicant was provided a copy of the advisory opinion for review and rebuttal; he did not respond.

CONCLUSIONS:

1.  The applicant is working in a job in which his commander authorized BAS due to rations-in-kind not being available.  The DFAS began paying BAS effective 26 April 2000.

2.  The applicant’s commander certified that BAS should have begun on 27 January 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 27 January 2000 through 25 April 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 paying the individual concerned the appropriate amount of BAS from 27 January 2000 through 25 April 2000.

BOARD VOTE:  

_emw___  __rtd____  __teo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest M. Willcher_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043893	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1200	
2.		
3.		
4.		
5.		
6.