PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 April 2000                  
	DOCKET NUMBER:   AR1999032407

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her debt for receipt of an overpayment of basic allowance for housing (BAH) be forgiven.

3.  The applicant states she applied for BAH with an approved exception to policy and began receiving BAH.    After moving off-post and receiving BAH she was notified that the BAH had not been approved and she was in debt to the government for $2,409.90.  In support of her application she submits a 7 October 1999 dated letter from her company commander.  The commander request that the debt be cancelled.  He writes that the applicant’s former company commander, wrote an exception to policy letter for the applicant to live off-post.  Although the policy letter was not approved, the applicant began receiving BAH.  The command later became aware that she was not entitled to live off-post and receive BAH.  The applicant now lives in barracks and does not receive BAH.

4.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  It concludes that the applicant acted in good faith, and not having a working knowledge of the finance of the finance office, was not aware she was being paid erroneously once the finance office authorized the entitlement without the proper documentation.  That opinon was provided t the applicant for review/comment.

5.  

CONCLUSIONS:

1.

2.

3.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by 

BOARD VOTE:  

_rvo ____  ___sk___  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.