PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            20 March 2001                  
	DOCKET NUMBER:   AR2000046591

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		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 back pay for basic allowance for subsistence (BAS) that he was entitled to but never received.

3.  The applicant states that he submitted the necessary paperwork to receive his BAS, but the document was not signed by the battalion commander.  In support of his request the applicant submits a copy of his DA Form 4187 (Personnel Action) requesting BAS, signed by his commander in July 2000.

4.  The applicant’s military records show that he was reassigned to1-34th Infantry Regiment, Fort Jackson, South Carolina, and was authorized BAS effective        9 June 2000.  The applicant did not start receiving BAS until 6 July 2000.  

5.  The applicant’s DA Form 4187 requesting BAS was not signed/approved until July 2000.  

6.  In the processing of this case an advisory opinion was obtained from the Defense Finance and Accounting Service, Indianapolis Center, which confirmed the applicant’s entitlement to BAS, and recommended that his request be approved for the period 9 June 2000 through 5 July 2000.  

7.  On 6 October 2000, the applicant concurred with the advisory opinion.  

8.  Department of Defense Financial Management Regulation, Volume 7, Part A, paragraph 250401, precludes the finance office from processing retroactive claims that are not promptly confirmed in writing (within 5 working days), therefore Board approval is required to authorize payment of the applicant’s claim.

CONCLUSIONS:

1.  The applicant was entitled to basic allowance for subsistence (BAS) beginning 
9 June 2000.  Documents required to initiate this allowance was not submitted in a timely manner, as required by DFAS regulations, which resulted in the applicant not receiving the allowance.  

2.  The applicant’s BAS was not started until 6 July 2000, therefore he is entitled to this allowance for the period 9 June 2000 through 5 July 2000.

3.  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 Defense Finance and Accounting Service, Indianapolis Center, to reimburse the applicant for basic allowance for subsistence, for the period 
9 June 2000 through 5 July 2000.

BOARD VOTE:  

___fne___  ___rjw__  ___wdp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046591	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
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.  128.12		
2.		
3.		
4.		
5.		
6.