PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           26 October 2000
	DOCKET NUMBER:   AR2000045838

	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:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 19 June 2000 through 14 July 2000.

3.  The applicant states he reported to his unit on 19 June 2000 the date he was ordered to active duty.  He states that his commander signed DA Form 4187 authorizing BAS effective 14 July 2000 vice 19 June 2000.  In support of his application he submits a Military Leave and Earnings Statement for the month of July 2000 and his orders for active duty.

4.  The applicant’s military records show that he was ordered to active duty for a period of three years effective 19 June 2000 in pay grade E-4.

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.  Department of the Army Circular 210-90-1 prescribes the policies and procedures regarding BAS.  It states, in pertinent part, that retroactive payment of BAS can be made on an oral authorization promptly confirmed in writing, within 5 working days under normal circumstances. 

CONCLUSIONS:

1.  It appears that an administrative error occurred which resulted in the applicant’s initial request for BAS being processed an incorrect effective date. There is no evidence that the error was to any fault of the applicant.  

2.  The Board notes that the administrative error that occurred in processing the applicant’s request for BAS has unjustly denied him a benefit that he was entitled to receive.

3. The applicant was authorized BAS and should have been paid BAS effective 19 June 2000.  Therefore, he is authorized BAS from 19 June 2000 until such time as the commander terminates the entitlement.

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 from 19 June 2000 until such time  as his commander terminates his authorization. 

BOARD VOTE:  

_MMD___  __AAP__  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melinda M. Darby____
		        CHAIRPERSON

INDEX

CASE ID	A2000045838	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
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		
2.		
3.		
4.		
5.		
6.