MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 December 2001 
	DOCKET NUMBER:   AR2001058650

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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, remission or cancellation of indebtedness ($4451.93) incurred as a result of overpayment of Basic Allowance for Quarters (BAQ) without dependents during the period 5 June 1999 through 30 November 2000.

APPLICANT STATES:  That this overpayment was an error by the Unit Personnel Administration Center (PAC) and the Finance Support Team, who explained his entitlements and initiated the proper actions.  This was at no fault of his own.  This is not an area that is common knowledge to even someone in the senior ranks.  It is an injustice to repay the remaining partial debt.  In support of his application, he submits a Table of Contents with 12 enclosures; a letter, dated 5 February 2001, from the Commanding Officer, 10th Area Support Group; and a letter, dated 5 April 2001, from the Chief, Special Actions Branch, U.S. Total Army Personnel Command.  

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

The applicant enlisted in the Regular Army on 29 May 1978 and has remained on active duty through continuous reenlistments.  He was promoted to sergeant major on 1 May 2001. 

On 5 June 1999, the applicant moved into Government quarters in Okinawa.  He continued to receive payment for BAQ without dependents until 30 November 2000. 

On 21 December 2000, the applicant was notified of his overpayment for BAQ without dependents during the period 5 June 1999 through 30 November 2000, which totaled $8903.86.

On 3 January 2001, in a sworn statement, the applicant indicates that upon his arrival in Okinawa, he was placed in temporary lodging on Kadena Air Base for approximately 20 days.  He was told that he was authorized to live off post or in Government quarters.  He decided to move into Government quarters and immediately terminated his temporary lodging allowance and notified his Unit PAC and the Finance Support Team.  He was told that based on his status he was entitled to BAQ differential and BAQ without dependents.  The BAQ was later changed to Basic Allowance for Housing.  He states that he has been receiving what he honestly thought he was his entitled to for nearly 18 months.  He would never try to defraud the Army of anything.  He relied on his Unit PAC and servicing Finance Support Team to inform him of these entitlements.  He had no reason to question the entitlements he was authorized to receive.  He is also aware of the unit requirements to review and sign the Commander’s Finance Report, which is processed monthly.  At no time did he or his chain of command identify any unauthorized payments.

On 3 January 2001, the applicant executed a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness) based on injustice.

On 5 April 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s application for remission or cancellation of indebtedness in a partial amount of $4451.93.  That office determined that there were no grounds to remit or cancel the remaining portion of the debt on the basis of injustice or hardship.

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.  Evidence of record shows that the applicant received payment for BAQ without dependents during the period 5 June 1999 through 30 November 2000, a total of $8903.86, while he lived in Government quarters. 

2.  On 5 April 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command approved the applicant’s application for remission or cancellation of indebtedness in a partial amount of $4451.93. 

3.  The Board considered the applicant’s contentions that this overpayment was an error by the Unit PAC and Finance Support Team and was no fault of his own. However, the Board concludes that the applicant was a senior noncommissioned officer with lengthy experience and knew, or should have known, that he was not entitled to payment for BAQ without dependents while he lived in Government quarters.  

4.  Based on the foregoing, the applicant has not convinced the Board that collection of the remaining portion of the overpayment is unjust or that the overpayment should otherwise not be collected.

5.  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.

6.  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

FNE____  TAP_____  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058650	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1000	
2.		
3.		
4.		
5.		
6.