PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           15 February 2001
	DOCKET NUMBER:   AR2000046436

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Pattern		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 awarded payment for separate rations he was authorized, but was not paid.  (It should be noted that the formal name for separate rations is basic allowance for subsistence (BAS)).

3.  The applicant states that he was authorized to receive BAS from 13 March 2000, however, payment was not started until 15 May 2000.  He would like to received back pay for the period he did not receive his BAS.  

4.  In support of his request, he submits a copy of a DA Form 4187 (Personnel Action) which authorized him BAS effective 13 March 2000.

5.  The applicant’s military records show that he enlisted in the Regular Army on 24 October 1998.  He was trained as a 91A (Medical Equipment Repairer).  He has achieved the rank of private first class and is serving on active duty.

6.  In the processing of this application an advisory opinion was obtained from Defense Finance and Accounting Service (DFAS) who recommended that the Board approve the applicant’s request for retroactive BAS for the period 13 March through 14 May 2000.  The DFAS states that it could not approve the request because it did not meet the requirement of approval for BAS, which must be confirmed in writing within 5 working days under normal circumstances.  This opinion was provided to the applicant for comment but no response has been received.

CONCLUSIONS:

1.  The applicant’s contention that he should receive payment for BAS for the period 13 March to 14 May 2000 is credible and supported by the DA Form 4187 and the DFAS advisory opinion.

2.  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 to the individual concerned BAS for the period 13 March to 14 May 2000.

BOARD VOTE:  

___fne___  ___mhm_  __mkp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046436	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
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.  		
2.   		
3.   		
4.		
5.		
6.