PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 October 2000
	DOCKET NUMBER:        AR2000044587

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 basic allowance for subsistence (BAS) for the period of 4 February to 8 May 2000.

3.  The applicant in effect, relies on his military records and documents he submits in support of his case.  He submits copies/extracts of his leave and earning statements for the five monthly pay periods between 1 February and 
30 June 2000; a copy of his DD Form 714 (Meal Card) issued on 11 January 2000; a copy of his Assignment to Family Housing letter authorization, dated
4 February 2000; a copy of DA Form 4187 (Personnel Action) in which he for requests separate rations, dated 9 May 2000; a copy of a Memorandum from the 557th Maintenance Company, National Training Center (NTC) Support Battalion, Fort Irwin, California, dated 6 July 2000 explaining the loss of his BAS request form, dated 17 February 2000; and several other miscellaneous forms in connection with his request for BAS payments.

4.  The applicant’s military records show he enlisted on 6 April 1999 and is currently assigned to the 557th Maintenance Company, NTC Support Battalion, Fort Irwin, as a Tow/Dragon Repairer. 

5.  The applicant provided a copy of a command memorandum dated 6 July 2000, which shows that the applicant originally submitted his request for BAS on 17 February 2000.  It explains that his command lost his request form, and that his original request was submitted to his command in a timely basis for immediate payment of BAS.  It further states that the applicant was told to resubmit his request on 9 May 2000, which he did, and he has received BAS since that date. 

6.  In the processing of this case, an advisory opinion was obtained from the
Defense Finance and Accounting Service (DFAS) Entitlements Branch.  The opinion states that a Board action is required to approve a request for retroactive entitlement to BAS.  The opinion recommends that the Board approve the retroactive request for the difference between partial and full payment of BAS for the period 4 February through 8 May 2000. 

7.  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”.

8.  The opinion was referred to the applicant for comment or rebuttal.  He concurred in the document.  

CONCLUSIONS:

1.  The Board notes that unit officials are responsible for processing personnel action requests for BAS.  His command has certified that they lost his original application for BAS, dated 17 February 2000.  It is reasonable to presume that the delay in submission or lack of submission of the applicant’s request was not his fault.  

2.  The Board also noted that the advisory opinion from the DFAS indicates that  BAS was authorized when he was assigned family quarters effective 4  February 2000.  While he did not turn in his meal card until February 16th, the member should not be denied BAS from 4 February 2000.  Therefore, he should be authorized BAS for the entire period from 4 February 2000 through 8 May 2000.

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 authorizing the individual concerned BAS for the period 4 February 2000 through 8 May 2000.

BOARD VOTE:  

__ewl___  __cjp___  __tlp_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Ernest W. Lutz Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR200004587	
SUFFIX		
RECON	20001019	
DATE BOARDED		
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.  		
2.		
3.		
4.		
5.		
6.