ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2021 DOCKET NUMBER: AR20200002663 APPLICANT REQUESTS: remission/cancellation of indebtedness she incurred for overpayment of basic allowance for housing (BAH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant’s Statement * Enlisted Record Brief (ERB) * BAH Authorization by S-1 memorandum * three DD Forms 2789 (Waiver/Remission of Indebtedness Application) * two letters * pay documents FACTS: 1. The applicant states: a. She incurred a BAH overpayment of $15,444.33. She believes this debt was established in error. She was married during her period of service and they were both deployed the entire period of her service. The S-1 was aware of the situation and requested she follow proper procedure. She went to live on on-post housing in which her BAH was sent. She was not allowed to live with single Soldiers or off base. She was not aware of the debt until 2 days before her medical discharge. Her S-1 and chain of command stated they would make the necessary corrections. Since she did not receive any bills, she thought it was corrected. In 2019, she learned the Defense Finance and Accounting Service (DFAS) records showed she had incurred a debt and her 2019 taxes went to offset this debt. b. She submitted waiver/remission forms to DFAS in 2008 and in 2010. Both times she did not receive any calls nor any mail in regards to the possible debt. Also, the debt was not listed on her credit report stating she owed them money. In 2019, when she discovered her multiple tax refunds were taken to offset the debt to DFAS, she again submitted the waiver and this time it was by email. When her waiver was finally received in 2019, the DFAS records state an initial notification was sent on 24 June 2008 to her in. At the time whatever documents that were sent did not reach her because she had moved to and her last name had changed. While in the military, her last name was and her maiden name in the civilian world is. So she did not receive any bills or anything in regarding to this. c. When she submitted the second wavier/remission form to DFAS, her address was updated on the form. When she called in 2019, she was told that she had no waiver and no remission in the system and the only document they had was a letter they sent to her on 24 June 2008, which she did not receive. In 2019, she had the letter forwarded to her through email and was able to finally see that letter. She had no idea of this debt until 2019. She was told by her commander that this debt will be corrected. This debt has caused an extreme amount of financial, emotional, and physical hardship and she requests that this debt be canceled. 2. The applicant provides her: a. ERB, dated 1 January 2008 b. BAH Authorization by S-1 memorandum, dated 27 March 2008, stating she was authorized BAH for the past 24 months in the amount of $874.00, totaling $20,934.00. Her BAH was verified every month by the company commander and was never change. At no time, was she ever informed that she was receiving more than the authorized amount. c. DD Form 2789, she submitted on 5 June 2008, for remission of BAH overpayments in the amount of $15,444.33. She stated on the form that she was unaware of this debt until she processed out of the Army d. Letter, dated 24 June 2008, wherein DFAS advised that she was indebted to the Department of Defense as a result of overpayments before her separation in the amount of $15,444.33. e. Two DD Forms 2789, she submitted on 2 February 2010 and 5 March 2019, for remission of BAH overpayments. She stated on the form she was unaware of the debt at separation until her severance pay and accrued leave were taken to reduce the debt. f. Letter, dated 12 July 2019, wherein the Chief, Special Actions Branch, U.S. Army Human Resources Command, advised her that her application for remission or cancellation of indebtedness in the amount of $15,444.33 (as noted on DFAS notification, dated 24 June 2008) had been reviewed and was partially approved for the current balance of $5,787.17. The review determined that no grounds existed to remit the portion of that debt already paid. She could apply to the Army Board for Correction of Military Records for further review if she felt an injustice occurred. That response did not imply that an error or injustice occurred. g. payroll documentation pertaining to her pay during her period of service. 3. Review of the applicant’s service records show: a. She enlisted in the Regular Army on 1 November 2005. She held military occupational specialty 21C (Bridge Crewmember). She served in Iraq from 7 May to 5 November 2006. b. On 6 February 2008, an informal Physical Evaluation Board (PEB) convened and determined she was physically unfit for right hip pain from prior stress factor (Medical Evaluation Board Diagnosis 1). The PEB recommended a combined rating of 10% and her disposition was separation with severance pay. She concurred with the PEB’s findings and recommendations and waived her right to a formal hearing. c. Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, MO, issued the following orders on/for: * Number 081-1309, 21 March 2008, reassigning her for separation processing, with report date of 27 March 2008 * Number 084-1309, 24 March 2008, amending Orders Number 081-1309, dated 21 March 2008, pertaining to the Government transportation mode request d. She was honorably discharged on 27 March 2008, under the provisions of under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of Disability, with Severance Pay. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 2 years, 4 months, and 27 days of net active service, including 5 months and 29 days of foreign service. e. On 28 May 2009, she was issued a DD Form 215 (Correction to DD Form 214) amending the amount of her severance pay. 4. The official website of the Defense Travel Management Office defines BAH as a U.S. based allowance prescribed by geographic duty location, pay grade, and dependency status. It provides uniformed Service members equitable housing compensation based on housing costs in local civilian housing markets within the United States when government quarters are not provided. 5. By the Joint Travel Regulations chapter 10, table 10A-1/3 (Housing Allowance) and (Dates to Start and Stop BAH) states BAH will start at the with-dependent rate at the time the member enters on active duty and will stop at 2400 hours the day the member is discharged or released from active duty. The home of record is the place recorded as the individual’s home when ordered into a tour of active duty. 6. By AR 600-4 (Remission or Cancellation of Indebtedness), a Soldier’s debts to the U.S. Army may be remitted or canceled on the basis of cases arising from payments made in error to a Soldier, debts acknowledged as valid, and debts incurred while serving on active duty. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board considered the applicant's statement, her service record and the reason for her separation. The Board considered her Commander's BAH memo, the review and decision by HRC and the correspondence with DFAS. The Board determined that evidence was sufficient to grant the applicant’s request, specifically, the memorandum dated 27 March 2008 which states that the applicant was authorized BAH. Based on a preponderance of evidence, the Board determined that the applicant should be relieved of further recoupment and reimbursed for any monies previously recouped. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by stopping recoupment of her debt and returning any monies collected against the adjusted debt determined by HRC ($5,787.17) in 2019. 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. REFERENCES: 1. Joint Travel Regulation, chapter 10, table 10A-1/3 (Housing Allowance) and (Dates to Start and Stop BAH), states BAH will start at the with-dependent rate at the time the member enters on active duty and will stop at 2400 hours the day the member is discharged or released from active duty. 2. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) states a Soldier’s debts to the U.S. Army may be remitted or canceled on the basis of cases arising from payments made in error to a Soldier, debts acknowledged as valid, and debts incurred while serving on active duty. //NOTHING FOLLOWS//