MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 October 2000                   
	DOCKET NUMBER:   AR2000045360

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be repaid $500.00, part of a remission of indebtedness that he submitted in April 2000.

APPLICANT STATES:  That the overpayment error was through no fault of his own.  It was made when he came on active duty from the Army National Guard and his pay entry basic date (PEBD) was computed incorrectly.

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior service in the Army National Guard, he enlisted in the Regular Army on 15 November 1988.  He was promoted to Staff Sergeant, E-6 on 1 January 1997.

On 19 March 2000, the applicant submitted an Application for Waiver of Erroneous Payment (EPMT), DA Form 4943-R.  His debt at the time was $1944.99.  He had noted that the erroneous payment was first discovered in April 1998 during his third reenlistment when his PEBD was recomputed.  He stated that a request for remission was submitted at his previous station.

On 13 April 2000, the applicant’s request for remission or cancellation of his indebtedness was approved for $1,499.99.  $500.00 had been collected prior to the commander’s signature on the application so that amount could not be considered for remission or cancellation.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board concludes there is no injustice in not repaying to the applicant the $500.00 that was not due him in the first place.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp___  __eja___  ___jp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045360	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.