PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 April 2000              
	DOCKET NUMBER:   AR1999034459

	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.  

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge Jr.		Member	
	Mr. Van B. Cunningham		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, in effect, correction of his military records to show that he is entitled to receive basic allowance for subsistence (BAS) for the period between 
12 April-29 June 1999.  

3.  The applicant states, in effect, that he is entitled to BAS effective 12 April
1999, the same day that he signed into his unit.  He was not issued a meal card when he signed into his unit at Fort Belvior.  He thought he had completed all of the necessary paperwork during his inprocessing.  He did not realize that a problem existed until he received his leave and earning statement (LES) on
30 June 1999.  That very same day he completed a DA Form 4187 Personnel Action) and his BAS payment began as of that date.  However, he is still entitled to payment for BAS between the period 12 April-29 June 1999.  He submits an (LES) for the pay periods ending 31 March, 30 April, 31 May, 30 June and 
31 July 1999, and a DA Form 4187 in support of his request. 

4.  On 2 August 1999, a DA Form 4187 was executed approving the “start of BAS effective 12 April 1999.  VOCO date was confirmed.  No dining facility was available on Davison Army Airfield.”

5.  In connection with his application, the Defense Finance and Accounting Service (DFAS), Indianapolis Center, Indianapolis opined, in essence, that “Board action is required to approve a request for retroactive entitlement to BAS.  DFAS recommended that the Board approve the applicant’s request for retroactive BAS for the period 12 April-29 June 1999.  His BAS was started on 30 June 1999.”

6.  Further, DFAS opined that “the Department of Defense Finance Management Regulation, Volume 7, part A, paragraph 250401 a. states ‘LIMITATION. Authorization to mess separately cannot cover retroactive periods.  However, this does not prevent payment of BAS from the time of an oral authorization by proper authority if the oral approval of the member’s request is promptly confirmed in writing.’  Deputy Chief of Staff for Personnel message 040932Z, June 1998, subject:  BAS Reform, Paragraph 2D states in part;...promptly confirmed in writing…within 5 working days under normal circumstances.  The request for BAS does not meet the requirement (promptly confirmed in writing) for the retroactive entitlement to be processed DFAS.”

7.  This opinion was referred to the applicant for comment, but he failed to respond.

CONCLUSIONS:

1.	The applicant is entitled to have his records corrected to show he is 
authorized retroactive BAS for the period 12 April-29 June 1999.  

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be 
corrected by showing that the individual concerned  is authorized retroactive BAS for the period 12 April-29 June 1999.  

2.  That upon correction of his record, that DFAS take the appropriate action by 
issuing to him any retroactive pay to which he is entitled for the period 12 April-
29 June 1999.  

BOARD VOTE:  

__jph___  __eja____  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James P. Huber____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034459	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.