MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:             29 March 2001
	DOCKET NUMBER:    AR2001051163

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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:  In effect, that the $1,035.15 debt that he incurred as a result of being erroneously paid dislocation allowance (DLA) be remitted or cancelled.

APPLICANT STATES:  In effect, that his orders assigning him from Korea to Washington authorized him to receive DLA.  He was never properly notified of the debt and it was 18 months before any attempt was made to collect the debt.  He believes the debt to be unjust because it was solely the fault of the Army and due to no fault of his own.  He was forced to take out a loan with Army Emergency Relief (AER) services to cover his October expenditures.  He submits a financial summary sheet; a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness), dated 12 October 2000, a memorandum submitted to the Defense Finance and Accounting Service (DFAS) (DMPO), Fort Belvoir, Virginia, requesting remission or cancellation of indebtedness, dated 
19 October 2000, two memoranda from DFAS showing denial of requests for remission or cancellation of indebtedness; leave and earnings statements for the months of August-October 2000; an AER loan agreement and a copy of the check that he received from AER; orders # 337-029, dated 4 December 1998 and orders #015-004 dated 15 January 1999, both orders are from the A-Detachment 516th Personnel Services Battalion, Korea.  Additionally, he submits a memorandum from the commander of the Military Personnel Services Center, dated 28 December 2000 and a sworn statement written in his own behalf, dated 13 October 2000, both in support of his request. 

EVIDENCE OF RECORD:  The applicant's military records show:

That the applicant is an active duty service member assigned to the Military Personnel Service Center, Washington, DC. 

Orders # 337-029, dated 4 December 1998, shows that the applicant was issued orders to proceed on a permanent change of station from Korea to Washington, DC.  His “report date” was April 1999.  This order does not authorize him to receive DLA.

Orders #015-004, dated 15 January 1999, shows that Orders #337-029 were amended to show that the applicant was entitled to be reimbursed for the movement of his dependents from Sumpter, South Carolina to his next duty station (the Washington, DC area).  This constituted authorization for DLA.  However, there is no documentation concerning his claim for a payment of the DLA.  Information contained in the documents submitted with his application indicate that he was paid DLA in the amount of $1,035.15 sometime in 1999.

The 13 October 2000 sworn statement the applicant submitted indicates that his orders were changed to include the movement of his dependent daughter that was in the custody of his ex-wife.  Finance did not inform him that he had to have custody of his child to be eligible for the DLA that he received.  Additionally, he states that while he was assigned to Korea, he received basic allowance (BAH) for housing with dependents when he was only entitled to BAH without dependents.  As a result of this he incurred a $4,600 debt that was later remitted.
The applicant’s leave and earnings statement for the pay period ending 
13 October 2000 shows that he had no net pay due.

On 13 October 2000, the applicant’s commander signed his DA Form 
3508-R (Application for Remission or Cancellation of Indebtedness). 

On 5 and 14 December 2000, the DFAS, Fort Belvoir denied the applicant’s request for remission or cancellation of his $1,035.15 indebtedness for DLA.

DOD Financial Management Regulation, chapter 6 provides that DLA is paid to military members to reimburse them partially for expenses incurred in relocating their dependents/households. 

Army Regulation 600-4 serves as the authority for processing applications for remission of indebtedness.  It states, in pertinent part, that a debt to the government may be canceled if it is determined that based on the information received, an injustice or hardship, or both exists.  It also states that the soldier's awareness of policy and procedures will be considered as well as whether or not the soldier inquired of proper authority and was told that the payment was correct. 

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant's debt in the amount of $1,035.15 to the government was a valid debt and there is no evidence available to show when he was notified that he was required to pay it.  

3.  The Board has noted the applicant’s contention that the payment of the DLA was solely the fault of the Army’s and was due to no fault of his.  The Board finds that the applicant was issued orders that appropriately demonstrated his initial travel entitlements.  His orders were then changed to include authorization for the payment of DLA for the movement of his daughter from South Carolina to the Washington DC area.  However, he failed to move his daughter.  Therefore, the 

DLA was not used for the purpose for which it was intended.  It is not an injustice to require him to pay back funds that were not used for the purpose for which they were intended.

4.  Accordingly, the applicant has not shown that failure on the part of the DFAS to remit or cancel his debt to the Government was an error or an injustice.

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

__jns____  __le____  __cjp ____  DENY APPLICATION

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

INDEX

CASE ID	AR20001051163	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1000	
2.		
3.		
4.		
5.		
6.