PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000047266

	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:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 given basic allowance for subsistence (BAS) retroactive to 12 July 2000.

3.  The applicant states that he signed into his current unit on 12 July 2000 but his BAS did not start until 12 September 2000.

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

5.  The applicant was assigned to the Protective Services Unit, U. S. Army Criminal Investigation Command, Fort Belvoir, VA on 12 July 2000.  His commander approved his request for BAS, Rations in Kind not Available on       12 September 2000 retroactive to 12 July 2000 on a Personnel Action form, DA Form 4187.

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.  DFAS-IN later informed the Board that it did not have the DA Form 4187 dated 12 September 2000 when it prepared its advisory opinion but that the wording on that DA Form 4187 is sufficient to grant the applicant the relief requested.

7.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred in the opinion.

CONCLUSIONS:

1.  In accordance with the advisory opinion and later conversation with DFAS-IN, 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:

That all of the Department of the Army records related to this case be corrected by paying to the applicant all due BAS, Rations in Kind not Available retroactive to 12 July 2000.

BOARD VOTE:  

__gdp___  __mhm___  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047266	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.12	
2.		
3.		
4.		
5.		
6.