PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 November 2000                   
	DOCKET NUMBER:   AR2000046492

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch, Jr.		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 her basic allowance for subsistence (BAS) be corrected from regular to rations-in-kind not available (RIKNA) retroactive to      23 October 1998.

3.  The applicant states that she is a shift worker and should be receiving BAS RIKNA instead of BAS regular.  She started her shift work in October 1998.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  The applicant requested BAS Rations in Kind not Available on a Personnel Action form, DA Form 4187, dated 5 November 1998.  The commander/authorized representative signed the DA Form 4187 but did not check whether he approved or disapproved the request.

6.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service Indianapolis Center (DFAS-IN).  DFAS-IN noted that they could not consider the application without the proper approval on a DA Form 4817 from the current unit commander.  However, upon receipt of a DA Form 4187 the Board should approve any payments due without contacting DFAS-IN for a further opinion. 

7.  A copy of the advisory opinion was provided to the applicant for comment.  After discussion with her and her unit, a new DA Form 4187 was obtained which approved authorizing her BAS RIKNA effective 23 October 1998.

CONCLUSIONS:

1.  In accordance with the advisory opinion and the resubmitted DA Form 4187, the Board concludes that there is sufficient evidence to grant the applicant the relief requested.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant is authorized BAS, Rations in Kind not Available retroactive to 23 October 1998.

2.  That the applicant be paid any difference between regular BAS and BAS, Rations in Kind not Available due as a result of this correction.

BOARD VOTE:  

__jlp___  __bjl___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046492	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.12	
2.		
3.		
4.		
5.		
6.