IN THE CASE OF:  

		BOARD DATE:  20 October 2016

		DOCKET NUMBER:  AR20160016312


BOARD VOTE:

___x_____  ___x___  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  20 October 2016

		DOCKET NUMBER:  AR20160016312


BOARD DETERMINATION/RECOMMENDATION:

3.  The Board determined the evidence presented is sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20150003676, dated 19 November 2015, by showing the applicant was approved for 10 days of permissive temporary duty for the period 16 to 25 June 2014.  The Defense Finance and Accounting Service should be advised of this recommendation so they may any associated debt accordingly.



                                    _____________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:  20 October 2016

		DOCKET NUMBER:  AR20160016312


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).

CONSIDERATION OF ADDITIONAL EVIDENCE:

11.  On 5 July 2016, new information was received from the Defense Finance and Accounting Service (DFAS) regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150003676, dated 19 November 2015.

12.  The evidence submitted consists of advisory opinions from DFAS, Office of General Counsel, and the Chief, DFAS, Correction of Records/Out-of-Service Claims Branch.  General Counsel cited Defense Office of Hearings and Appeals (DOHA) guidance and Title 10, U.S. Code, section 2774, prohibiting waivers of debts arising from the overpayment of pay and allowances.  Therefore, DFAS will take no action on a Correction Board's decision purporting to waive such a debt.  The latter official stated that declaring the period in question as non-chargeable permissive temporary duty (PTDY) would eliminate the cause of the debt.

ADDITIONAL DISCUSSION:

4.  At the time of the decision of the ABCMR in Docket Number AR20150003676 on 19 November 2015, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.

5.  The ABCMR's decision in Docket Number AR20150003676 erred by directing the applicant’s record be corrected to show he submitted a request for waiver of the debt associated with the 10 days of PTDY totaling $4,605.09 and his request was received in a timely manner and approved by the appropriate official.
6.  As stated in paragraph 3 of ABCMR Docket Number AR20150003676, the debt associated with his PTDY was due to his unit’s administrative error and he should not be penalized for that portion of the debt amounting to $4,605.09.  Therefore, his record should show he was authorized PTDY for the period 16 to 25 June 2014.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

SUPPLEMENTAL RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings	AR20160016312



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

SUPPLEMENTAL RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Supplemental Record of Proceedings (cont)	AR20160016312



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

SUPPLEMENTAL RECORD OF PROCEEDINGS



Enclosure 2