IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150007940 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150007940 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150007940 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 adjustment of his debt for overpayment of basic allowance for housing (BAH) from $26,063.70 to $8,000.00. 2. The applicant states: a. Military finance records show he was overpaid in the amount of $26,063.70 on 18 April 2008, but he was only overpaid $8,000.00. He wants the debt amount corrected in the finance records system. b. He was only overpaid $8,000.00 which has been collected, plus more, during his military career. He contacted the U.S. Army Criminal Investigation Command (CID) and the Defense Finance and Accounting Service (DFAS) to get the amount corrected, but it has not been corrected and he is still being charged for this debt. c. Since April 2008, he has submitted numerous requests for remission and paperwork to DFAS only to be told to contact CID. Then he was told CID can't correct the error and to contact the Army Board for Correction of Military Records (ABCMR). His application was returned without action by the ABCMR, telling him his request was premature and to go through DFAS. DFAS responded, saying to go to the ABCMR. 3. The applicant provides: * letter from the ABCMR, dated 14 August 2014 * packet submitted to DFAS * DFAS response, dated 21 February 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 16 February 2005. 3. He provided a CID Summary of Investigative Activity, dated 19 January 2010, showing a special agent reviewed BAH and permanent change of station documents pertaining to the applicant and calculated the total estimated loss to the U.S. Government to be $40,434.00 if the applicant were not entitled to live outside the barracks or $8,710.02 if he were entitled to live outside the barracks with no dependents. 4. He provided a DA Form 4856 (Developmental Counseling Form), dated 26 February 2010, showing he was counseled for receiving $8,700.00 in BAH he was not authorized. 5. He provided a memorandum from the U.S. Army Human Resources Command, dated 21 September 2011, subject: Remission or Cancellation of Indebtedness – (Applicant), stating his application for remission or cancellation of indebtedness was returned without action because CID established probable cause under CID Case Number 0009-XXXX-CIDXXX-XXXXX. 6. He provided a letter from CID, dated 14 June 2013, in further response to his request to correct information from the CID files and supplements, dated 15 May 2013. After careful review and consideration of his request and the evidence available, his request to correct information contained in his CID Reports of Investigation was denied. This denial constituted final action on behalf of the Secretary of the Army. 7. His records contain a DD Form 2707-1 (Department of Defense Report of Result of Trial), dated 15 January 2014, showing he was convicted by a summary court-martial of: * stealing BAH between 19 September 2008 and 15 January 2010 of a value of more than $500.00 at or near Schofield Barracks, HI * stealing dislocation allowance of a value of more than $500.00 at or near Fort Carson, CO * stealing dependent per diem and temporary lodging entitlement of a value of $500.00 or less at or near Fort Carson, CO * stealing overseas housing allowance between 15 October 2012 and 15 January 2013 of a value of more than $500.00 at or near Schweinfurt, Germany * signing an official document to start basic allowance for quarters and/or variable housing allowance with intent to deceive, which was false and known by the applicant to be false at or near Fort Carson, CO * signing an official document to start overseas housing allowance at a rate of 1,500.00 euros a month with intent to deceive, which was false and known by the applicant to be false at or near Schweinfurt, Germany * making a false claim (travel voucher) for dislocation allowance, dependent per diem, and temporary lodging allowance incident to a permanent change of station from Schofield Barracks, HI, to Fort Carson, CO, in an amount greater than $500.00 at or near Fort Carson, CO * making a false claim (rental agreement) in the amount of 1,500.00 euros per month at or near Schweinfurt, Germany 8. He was sentenced to reduction to the rank/grade of specialist/E-4. 9. He was discharged under honorable conditions (general) in the rank/grade of specialist/E-4 by reason of misconduct on 3 September 2014. 10. He provided a letter from DFAS, dated 21 February 2015, which states: a. This letter is in response to his recent inquiry regarding an audit of his debt to the United States in the principal amount of $9,424.43. This debt remains valid. b. The debt of $9,213.65 is for collection of an overpayment of BAH for the period 18 April 2008 to 31 May 2009 in the amount of $26,063.70 that was not fully deducted from his pay account at discharge. c. The debt of $210.78 is for collection of a charge for government property or equipment loss or damage that was not fully deducted from his pay account at discharge. d. DFAS reviewed the documents he provided, but they are insufficient to change or cancel his debt. DISCUSSION: 1. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Although CID may have "calculated the total estimated loss" to the U.S. Government to be $40,434.00 or $8,710.02 depending on the applicant's entitlements, the responsibility for determining debt computations resides with DFAS. 3. DFAS records show the applicant incurred a debt in the amount of $26,063.70 for overpayment of BAH and $210.78 for government property or equipment loss or damage. 4. His contentions and the supporting documentation were carefully considered. However, there is no evidence of record and he provided no evidence showing the amount of the debt was calculated erroneously. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007940 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2