MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000046438

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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 his records be corrected to show his indebtedness to the Government was remitted.

APPLICANT STATES: That he made attempts to stop his basic allowance for housing when he was assigned Government housing; that he advised his wife not to spend the money because the Army would take it back at one time; and, that his commander never took any action to help resolve his problem.

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

The applicant is currently serving in the Regular Army in the rank of first sergeant (pay grade E-8).

On 5 September 1997, the applicant and his family took residence in Government quarters at Fort Polk, Louisiana.  The applicant continued to receive payment for Basic Allowance for Housing (BAH) until 15 March 1998.  The total amount was $3,634.37.  

On 2 August 1999, in a sworn statement, the applicant indicates he was aware of the overpayment and indebtedness and that his wife spent the money for baby supplies and furniture, and household goods they did not have.

On 24 August 1999, the Commander, Total Army Personnel Command (PERSCOM), Special Actions Branch denied the applicant’s request for Remission or Cancellation of Indebtedness.

On 23 October 2000, the Commander, PERSCOM opined that the applicant’s request is based on injustice, which are weighed against the soldier’s awareness of policy and procedures, rank, years of service and experience.  The applicant was aware of the overpayment and instructed his wife not to spend the funds because the Army would collect the overpayment.

On 30 October 2000, the applicant was provided a copy of the PERSCOM opinion for his acknowledgment/rebuttal.

On 5 December 2000, the applicant rebutted the opinion.  He states that his commander, finance clerks, and his duty in Bosnia caused the indebtedness.

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

1.  The applicant has a legitimate acknowledged indebtedness to the Government for BAH in the amount of $3,634.37.
2.  The applicant was credited with and accepted BAH over several months, even though he was not entitled to the payments.  He took no action to correct the overpayments.  He has not convinced this Board that collection of the overpayment is unjust or that the overpayment should otherwise not be collected. 

3.  The Board concludes that the applicant was a senior noncommissioned officer with lengthy experience and knew, or should have known, he was not entitled to payment for BAH while he or his family resided in Government quarters.

4.  The foregoing is supported by the opinion provided by the PERSCOM official.

5.  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.

6.  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

__ro___  ___sk___  ___tk_____ DENY APPLICATION

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

INDEX

CASE ID	AR2000046438	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.128	Remission of indebtedness	
2.		
3.		
4.		
5.		
6.