MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 MARCH 2002                  
	DOCKET NUMBER:   AR2001063724

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

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his records be corrected by canceling his indebtedness for the partial amount of $2,580.53

APPLICANT STATES:  That the original amount of the debt was $5,161.06, as a result of his receiving basis allowance for housing (BAH) benefits at the “with dependent” rate during basic and advanced individual training.  That when he arrived at his first duty station he was informed of the error and immediately submitted the necessary paper to correct the problem.  He submitted paperwork along with letters from his chain of command asking for the amount to be cancelled due to no fault of his own.  A determination was made to reduce the debt amount from $5,161.06 to $2,580.53.  In support of his request the applicant submits a copy of his request for remission/cancellation of the debt.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 26 July 2000 for a period of 
2 years in the pay grade of E-3.  He successfully completed basic and advanced individual training, and was assigned to Fort Wainwright, Alaska. 

In March 2001, the applicant submitted an Application for Remission or Cancellation of Indebtedness for the amount of $5,161.06, incurred as a result of overpayment for BAH.

On 23 August 2001, the U.S. Total Army Personnel Command (PERSCOM), Special Actions Branch, approved the applicant’s request for remission or cancellation of indebtedness in a partial amount of $2,580.53, stating there were no grounds to remit or cancel the remaining portions of the debt on the basis of injustice or hardship.  

Department of Defense Military Pay and Allowances Entitlements Manual, states in pertinent part, that a member is entitled to BAH "with dependents," when the member is providing monthly support for a dependent spouse, unmarried child under the age of 21, an unmarried child between the ages of 21 and 23 who is enrolled in a full time course of study at an educational institution, or an unmarried child 21 years of age or older who is incapable of self-support.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.   The applicant was erroneously paid BAH at the “with dependent” rate in the amount of $5,161.06.  However, half of the debt was remitted, leaving a balance of $2,580.53.   

2.  The applicant’s debt is valid, he was provided money he was not due, and there is no evidence to justify remitting or canceling the remaining amount.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence to show that there was an error or injustice in this case.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE __  __LE  ___  __TL ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063724	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.