PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           19 October 2000   
	DOCKET NUMBER:   AR2000045429

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Ms. Tracey L. Pinson		Member	
	Mr. Christopher J. Prosser		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 5 May 2000 through 30 June 2000.

3.  The applicant states she was not paid BAS for the period 5 May 2000  through 30 June 2000.  In support of her application she submits permanent change of station orders for Fort Belvoir, a Military Leave and Earnings Statement for the month of July 2000, a DA Form 31(Request and Authority for Leave), and a DA Form 4187 (Personnel Action).

4.  The applicant’s military records show that she enlisted in the Army on
5 January 1999 in pay grade E-3 and is currently assigned to Fort Belvoir, Virginia.

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

6.  The DFAS advisory opinion stated that the application could not be considered  without the proper approval on a DA Form 4187 from the applicant’s current unit commander.  The opinion by DFAS also recommended approval of payment upon receipt of an authorized DA Form 4187 to the Board without contacting DFAS for a further opinion since it involves a retroactive entitlement and DFAS can not make retroactive payments on BAS.

7.  DA Form 4187 dated 28 September 2000 provided by the applicant shows she was authorized BAS with an effective date of 5 May 2000.

8.  Department of the Army Circular 210-90-1 provides, in pertinent part that retroactive payment of BAS can be made on oral authorization promptly confirmed in writing within 5 working under normal circumstances.

CONCLUSIONS:

1.  Inasmuch as unit officials are responsible for processing requests for BAS, it is reasonable to presume that the delay in submission of the applicant’s request for BAS was due to no fault of her own.

2.  The Department’s failure to prepare a proper request for BAS at the time the applicant inprocessed, or within 5 working days thereafter, has resulted in an injustice to the applicant.

3.  While the applicable regulations state that retroactive payment of BAS may be made if the authorization is confirmed within 5 working days under normal circumstances, it does not preclude payment if the authorization is not confirmed within 5 days
4.  The applicant was authorized BAS and should have been paid BAS effective 5 May 2000.  Therefore, she is authorized BAS from 5 May 2000 until her commander terminates the entitlement.

5.  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 from 5 May 2000 until such time her commander deems it appropriate to terminate the entitlement.

BOARD VOTE:  

__EWL__  __TLP___  __CJP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ernest W. Lutz____
		        CHAIRPERSON

INDEX

CASE ID	ACAR2000045429	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
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.