BOARD DATE: 15 August 2013 DOCKET NUMBER: AR20130000802 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests remission/cancellation of his debt for excess leave. 2. The applicant states, in effect, that he is being overcharged for leave because he took 9 days of leave instead of the 15 days he is being charged with by the Defense Finance and Accounting Service (DFAS). He goes on to state that he submitted a copy of his DA Form 31 (Request for Leave) but he is still receiving bills for the debt. 3. The applicant provides a letter from the DFAS with enclosure noted by the DFAS. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 20 February 2008. He completed his training as a petroleum supply specialist and was advanced to the pay grade of E-4 on 1 December 2009. He deployed to Iraq during the period of 20091219 – 20101210. 2. On 29 July 2012, while stationed at Fort Stewart, Georgia, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years, 5 months, and 10 days of active service. 3. The letter from DFAS, dated 5 November 2012, advises the applicant that the documents he submitted are not sufficient to change or cancel his debt and advised him to contact his servicing Defense Military Pay Office to have the correction made to his records. 4. The applicant’s records do not contain and the applicant has not provided sufficient evidence to identify the nature and amount of his debt. However, the Statement of Military Pay Account provided by DFAS with the letter indicates that the applicant was overpaid $803.45 due to overpayment of separation pay and 1 day of leave. 5. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for processing applications for remission/cancellation of indebtedness. It states a debt to the government may be cancelled if it is determined that based on the information received, an injustice or hardship, or both, exist. It also states that the Soldier’s awareness of policy and procedures will be considered as well as whether or not the Soldier inquired of proper authority and was told that the payment was correct. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his debt should be remitted or cancelled has been noted and appears to lack merit. 2. The applicant has not provided sufficient documentation with his application that explains his debt or evidence that disputes the debt. 3. Additionally, the applicant has not provided any evidence or explanation as to how the payment of his debt would cause a hardship or how it constitutes an injustice. 4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X__ ___X_____ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130000802 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000802 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1