PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 October 2000
	DOCKET NUMBER:   AR2000046574

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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, in effect, reimbursement of his basic allowance for subsistence (BAS) for the period of 9 June through 5 July 2000. 

3.  The applicant states, in effect, that an administrative error resulted in his not being paid BAS for the period of 9 June through 5 July 2000. 

4.  The applicant’s military records show that the applicant, while serving in the pay grade of E-4, was assigned to his unit on 30 May 2000 and that action was taken on 9 June 2000 to start his BAS.  However, for reasons not explained in the available records, his BAS was not started until 6 July 2000.

5.  In the processing of this case a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) which opined, in effect, that the applicant’s BAS was started on 6 July 2000 and that the processing finance office did not have the authority to make retroactive payments.  The DFAS recommended that the Board approve retroactive payment of the applicant’s BAS for the period of 9 June through 5 July 2000.  The opinion was provided to the applicant and he concurred with it. 

6.  Department of the Army Circular 210-90-1 prescribes the policies and procedures regarding BAS.  It states, in pertinent part, that BAS will be authorized by the unit commander when appropriate and 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 when the applicant was not authorized BAS in a timely manner.  Inasmuch as the applicant had to rely on unit personnel to properly authorize BAS and to forward it to the appropriate finance office in a timely manner, the Board finds that the applicant was unjustly denied a benefit that he otherwise was entitled to receive had the error not occurred.

2.  Therefore, since unit officials are responsible for issuing meal cards and authorizing BAS to newly arrived personnel, it is unreasonable to assume that the delay in submitting the proper authorization for BAS was caused by the applicant.  Accordingly, he should have been authorized BAS effective 9 June 2000. 

3.  While the applicable regulation states that retroactive payment of BAS may be made if the authorization is confirmed within 5 working days under normal circumstances, payment is not precluded if the authorization is not confirmed within 5 days.  The Army does not expect a soldier to pay for their meals without appropriate recompense regardless of who was at fault.  

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 showing that the individual concerned was authorized BAS effective 9 June 2000, with entitlement to all back pay and allowances.

BOARD VOTE:  

___cs___  ___jed __  ___jdm __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John D. Miller ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000046574	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  295	128.1200/BAS	
2.		
3.		
4.		
5.		
6.