MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001059874

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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:  That she be refunded the debt payment and interest which was taken from her pay during the period 1 August 1997 – 30 September 2000.

APPLICANT STATES:  That she was told that the money would be refunded once the case was settled.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from alternate sources.

Apparently, in 1997 the applicant became indebted to the Government over a basic allowance for quarters (BAQ) issue.  

A 15 October 1997 letter from the Commander, Training Support Battalion – Alaska states that it was apparent the applicant did not attempt to defraud the Government.  He recommended approval of her request for relief of BAQ repayment and to continue to receive full pay and allowances pending final results of an Inspector General (IG) investigation.

On 21 October 1997, the applicant submitted an Application for Remission or Cancellation of Indebtedness, DA Form 3508-R, for a BAQ indebtedness amount of $5,470.26.

Neither the results of the IG investigation nor the approval/disapproval action on the DA Form 3508-R is available.  

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.  There is not enough evidence available for the Board to make a determination regarding the applicant’s BAQ indebtedness.  She provides no details concerning how the indebtedness was incurred, no commanders’ statements concerning how the indebtedness was incurred.  She does not provide the results of the IG investigation or the response to her application for remission or cancellation of her indebtedness.  She provides no evidence to substantiate her contention that she was told the money taken fro her pay would be refunded once her case was settled.  In the absence of evidence to the contrary, the Board presumes that the debt was properly deducted from her pay.

2.  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

__wtm___  __aao___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059874	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.