MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:              27 September 2001                
	DOCKET NUMBER:     AR2001060299

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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: Reimbursement of $4,649.36 (sic) indebtedness that had been previously collected.

APPLICANT STATES: That he advised his company commander and the battalion S-1 when his wife arrived in Korea on 9 July 1998, while he was serving an unaccompanied tour.  He indicates he made several attempts to stop the payments of Family Separation Allowance (FSA) and Basic Allowance for Housing (BAH) after 3 August 1999.

He submits an approved Remission or Cancellation of Indebtedness in the amount of $4,924.60 by the Commander, Total Army Personnel Command (PERSCOM), Enlisted Personnel Directorate, Special Actions Branch dated      30 April 2001.

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

On 20 June 1985, he enlisted in the Army Reserve Delayed Enlistment Program.

On 16 June 1986, he enlisted in the Regular Army (RA).

On 12 December 1992, he was honorably separated under Army Regulation 635-200, based on the expiration of his term of service.  His separation document indicates he had 6 years, 5 months and 27 days of creditable service.

On 5 August 1996, he enlisted in the RA for 3 years and MOS 95B (Military Policeman).

In May 1998, he commenced an unaccompanied tour in Korea.  He was married. He collected FSA and BAH, based on this unaccompanied tour.

On 9 July 1998, he brought his spouse to Korea and continued to draw the allowances, based on her residing in the United States and his unaccompanied status.  He drew the allowances until 19 November 1999.  He accumulated indebtedness in the amount of $10,967.50.

On 3 August 1999, he was notified of this indebtedness.

On 17 November 1999, the Commanding General, Eight United States Army issued the applicant a memorandum of reprimand (GOMOR) for his dereliction of duty.  He indicated that as a result of his dereliction, the applicant received unauthorized FSA and BAH.  

On 2 December 1999, he responded to the GOMOR.  He noted his error in judgment and took responsibility for his negligence.  He indicated that he brought his family to Korea, at his own expense on 9 July 1998 and continued to collect unauthorized FSA and BAH until 19 November 1999.  Since he paid to bring his family to Korea, he did not realize that this affected his finances and he failed to report this change.  He indicates it was not his intention to defraud the Army.  He provides a brief of his military history and desires.

On 7 December 1999, his brigade commander indicated the applicant had taken full responsibility for his actions and the consequences that follow. 

On 18 September 2000, the applicant submitted a request for Remission or Cancellation of Indebtedness to PERSCOM based on an injustice.  He indicated his indebtedness was $10,967.50.  The original copy of the application indicates indebtedness in the amount of $15,784.52.

On 19 January 2001, his local Defense Finance and Accounting Service (DFAS) annotated the request to show the amount previously collected as $4,640.36 and $6,327.14 indebtedness remaining.

On 22 March 2001, an official of the DFAS advised the PERSCOM “that the soldier should be held responsible for this debt based on the soldier’s knowledge that his dependent had joined him and that the FSA was payable based on his separation from dependents.”

On 30 April 2001, PERSCOM approved his request for remission or cancellation of his indebtedness in the amount of $4,924.60, indicating $4,649.36 (sic) of the indebtedness was collected prior to the unit commander signing the application and causing suspension of collection procedures.  (The amount of $4,649.36 was erroneously stated by the PERSCOM official, the amount of $4,640.36 was previously collected).  Further, it was indicated that there was no grounds to remit or cancel the remaining part of the debt based on injustice or hardship.  The applicant was advised to contact DFAS to prorate the remaining indebtedness balance of $1,402.54.

The PERSCOM application has been erroneously altered from $4,640.36 to         $4, 649.36, as the amount previously collected.

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.  The applicant is not entitled to reimbursement of the monies he has repaid towards an unauthorized payment of FSA and BAH that was caused by his dereliction of duty.  He has admitted his responsibility in the unauthorized payments and he has not shown error or injustice.

2.  The Board notes his contention; however, they are not supported by his application.  The PERSCOM has cancelled $4,924.60 of his indebtedness.  The Board concluded he incurred the indebtedness through his own misconduct, and does not recommend any further debt cancellation in his case. 

3.  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.

4.  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

_rvo____  _teo____  _ena___      DENY APPLICATION

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

INDEX

CASE ID	AR2001060299	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	128.100	
2.		
3.		
4.		
5.		
6.