MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001
	DOCKET NUMBER:   AR2000050601

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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:  Remission or cancellation of his indebtedness to the United States Government in the amount of $300.00.

APPLICANT STATES:  That he was told upon his reentry into the Army in December 1987 that his Inactive Ready Reserve time would be credited and that his basic active service date would not be adjusted.  He further states that he did not question this decision and assumed the personnel clerks understood the circumstances involved.  He contends that he was never informed of this mistake by any administrative or financial personnel, and feels that after 13 years he should not be penalized for an administrative error that he never knew about.  In support of his application he provides a copy of his remission or cancellation of indebtedness that approved a partial relief of $1,381.56.

EVIDENCE OF RECORD:  The applicant's military records were not available to the Board.  Information herein was obtained from his application for remission or cancellation of indebtedness and from the enlisted distribution assignment system data base.

At the time of his application, he was on active duty in the Army, serving in the rank/pay grade of sergeant first class/E-7.

On 31 July 2000 the applicant was notified by the appropriate authorities that he was indebted to the United States Government in the amount of $1,681.56 due to an overpayment of his active duty pay and allowances as a result of an erroneous BASD.  He submitted an application through his chain of command requesting remission or cancellation of this debt on the basis of both hardship and injustice.

On 8 November 2000 the Chief, Special Actions Branch, Total Army Personnel Command, determined that there was no injustice concerning this debt.  However, on the basis of financial hardship, he approved a partial remission of the debt in the amount of $1,381.56.  This left a remaining debt of $300.00.

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

1.  Based upon the evidence available to the Board, it appears that the applicant’s BASD was not properly adjusted at the time of his reentry on active duty, thereby causing him to receive unearned pay and allowances.

2.  The applicant has not provided any evidence to support that the debt was unjust, nor does he deny that the debt is valid.

3. The fact that he was not informed of this debt for many years after it occurred does not absolve him of the debt.  The fact of the matter is that the applicant received pay and allowances exceeding his authorized entitlement and he should be required to repay the monies.

4.  The appropriate authority examined the circumstances of the debt and the financial status of the applicant and determined that a partial relief was appropriate.  The applicant has not provided any evidence or argument that persuades this Board that further relief is warranted.

5.  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

__EMW__  __AMC__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2000050601	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.