MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2002       
	DOCKET NUMBER:   AR2002069651

	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. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Stanley Kelley		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 of a debt ($2065) incurred as a result of advance pay for a security deposit.

APPLICANT STATES:  In effect, that in January 1995 she received advance pay in the amount of $2065 for a housing rental deposit in Germany.  She contends that she lived in the same residence for three years; however, she did not receive her security deposit back from her landlord because he left the country without a forwarding address and went bankrupt.  She also contends that she has attempted numerous times to have this corrected with three different finance units.  In support of her application, she submits a Memorandum for Record, dated 20 February 2002. 

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

The applicant is currently serving as a nurse in the Regular Army in the rank of captain.

The applicant received an advance payment of $2065 for a housing rental deposit.

In the processing of this case an advisory opinion was obtained from the Chief Policy and Liaison Procedures Branch Systems Liaison and Procedures Office of the Defense Finance and Accounting Service in Indianapolis, Indiana.  That office recommends denial of the applicant’s request.

The advisory opinion points out that the applicant received an advance payment for a security deposit in accordance with the Department of Defense Financial management Regulation (DODFMR), Volume 7A, Chapter 26, paragraph 260109.  The opinion also points out that the Department of Defense Financial Management Regulation, Volume 7A, Chapter 26, paragraph 260109C states, “Any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.”  The opinion further states that the applicant received an advance payment for a security deposit for housing that she occupied and that there are no regulatory procedures that would allow the applicant not to be required to repay the advance payment.  Therefore denial of the applicant’s request is recommended.

The advisory opinion was furnished to the applicant for review and possible rebuttal.  The applicant did not respond within the given time frame. 

Department of Defense Financial Management Regulation, Volume 7A, paragraph 260109C states that any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant received an advance payment of $2065 for a security deposit for housing that she occupied for three years.

2.  The Board considered the applicant’s contention that she never received her security deposit back from her landlord because he left the country without a forwarding address and went bankrupt.  However, the governing regulation states, “Any balance of an advance not returned by the landlord may be liquidated in monthly installments, if desired by the member, for a period over the balance of the months remaining on the existing loan repayment schedule.”  Therefore, there is no basis for granting the applicant’s request for remission of this debt.

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___  JPI____  SK______  DENY APPLICATION

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

INDEX

CASE ID	AR2002069651	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1000	
2.		
3.		
4.		
5.		
6.