PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 August 2001
	DOCKET NUMBER:   AR2001056298

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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, that the Basic Allowance for Subsistence (BAS) he was authorized for the period 16 August 1997 through December 2000 be changed from the Separate Rations (SEPRATS) to the Rations In Kind Not Available (RIKNA) rate and that he be provided any back pay and allowances due as a result. 

3.  The applicant states, in effect, that upon his arrival and in-processing at the Headquarters, Department of the Army (HQDA) unit he was assigned to on 
16 August 1997, he began receiving his BAS at the SEPRATS rate.  It was not until November 2000, when his personnel sergeant, at the Office of the Deputy Undersecretary of the Army (International Affairs), noticed the error and informed him that he should have been receiving BAS at the RIKNA since his arrival.  His pay account was corrected at that time and he began to receive RIKNA in December 2000.  He applied to this Board in order to receive the back pay he was due for the difference in his BAS and was instructed to first exhaust administrative remedies by applying through the Officer of the Deputy Chief of Staff, Personnel (ODCSPER).  He indicates that while the amount of money is not huge, it is only fair that he receive the back pay for this period as all soldiers assigned to HQDA units during this period received RIKNA and in fact still do.  In support of his application, he provides statements from his supervisor, the Director, Army Foreign Liaison and the personnel sergeant of the Office of the Deputy Undersecretary of the Army (International Affairs).

4.  The applicant’s military records show that he is currently serving on active duty in the rank and pay grade of staff sergeant/E6.  He is assigned to the Office of the Deputy Undersecretary of the Army (International Affairs), HQDA and is scheduled to retire on 1 November 2001.

5.  The applicant provides a statement of support from the personnel sergeant of his HQDA unit, in which, this personnel official confirms he met with ODCSPER officials in regard to the applicant’s claim for back pay.  He was advised that the applicant’s back pay request would be denied based on the ODCSPER position that RIKNA should not be authorized for HQDA personnel in the Military District of Washington (MDW) and because this allowance would soon be stopped for the general population of soldiers assigned to the MDW.   

6.  In addition, the Director, Army Foreign Liaison, a colonel who is the applicant’s supervisor, provides a supporting statement, in which, he indicates he fully supports the applicant’s request for back pay of RIKNA.  He comments that the general policy for all soldiers assigned to HQDA during this period authorized them RIKNA vice SEPRATS and in fact once it was identified that the applicant was not receiving RIKNA his pay account was corrected and he began to receive the correct BAS entitlement.  He concludes that payment of SEPRATS to the applicant as opposed to RIKNA, which was authorized for all soldiers assigned to HQDA, was clearly an administrative error for which he should not be penalized.
7.  The Department of Defense Financial Management Regulation (DODFMR) provides policy in regard to military pay.  Chapter 25 provides the policy for the BAS entitlements and indicates that enlisted members are entitled to one of three rates of BAS:  RIKNA; SEPRATS; or emergency ration conditions (EMRATS).  It stipulates that RIKNA is authorized to enlisted members while on duty at a permanent station where a government mess, is in fact, not available or where it has been determined to be impractical for the government to furnish subsistence in kind.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should have received his BAS at the RIKNA rate vice the SEPRATS beginning on the date he was assigned to his HQDA unit, 16 August 1997 and finds this claim has merit.  

2.  Although, the ODCSPER does not support providing BAS at the RIKNA rate to enlisted soldiers assigned to the MDW and thus, indicated the applicant’s request for back pay would be denied, the evidence of record confirms that all enlisted soldiers assigned to the applicant’s unit during this same period for which he claims entitlement were authorized the BAS at the RIKNA rate.

3.  In the opinion of the Board, the applicant being authorized SEPRATS as opposed to RIKNA when he arrived at his HQDA unit was clearly the result of an administrative error, which resulted in his being treated differently from all the other enlisted soldiers assigned to the same unit.  Therefore, the Board concludes, in the interest of justice and equity, that it would be appropriate to authorize the applicant to receive the BAS at the RIKNA rate, effective 16 August 1997, the date he was assigned to his unit and to provide him all back pay due as a result. 

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 the individual concerned was authorized BAS at the RIKNA, effective 16 August 1997, and by providing him all back pay and allowances due as a result. 

BOARD VOTE:  

__INW___  __FNE__  __GJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056298	
SUFFIX		
RECON		
DATE BOARDED	2001/08/09	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  295	128.1200	
2.		
3.		
4.		
5.		
6.