MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002        
	DOCKET NUMBER:   AR2001064532

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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:  In effect, remission or cancellation of indebtedness ($855.83) incurred as a result of overpayment for Basic Allowance for Subsistence (BAS) during the period 8 January 1995 to 14 May 1995.

APPLICANT STATES:  In effect, that when he returned from Ranger School he settled his temporary duty (TDY) vouchers as directed.  However, in July 1995 he received an indebtedness notice on his Leave and Earnings Statement for overpayment of BAS received while attending Ranger School.  He contends that he made numerous attempts to either collect or cancel the debt.  However, he was told there was nothing he could do and that it would be taken out of his pay. He contends that he turned in his settlement voucher to stop the collection payment process.  He also contends that he was told that the debt was suspended but queried in the finance computer for collection.  He further states that in September 1996, he out processed from Fort Bragg, North Carolina, and cleared finance without any financial obligations due the Government.  
  
In support of his application, he submits a letter, dated 11 October 2001, from the Chief, Special Actions Branch of U.S. Total Army Personnel Command; a letter, dated 13 August 2001, from the Commanding Officer, Headquarters and Headquarters Company, 6th Area Support Group; Sections I, VI, VII and VIII of a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness), dated 9 August 2001; a letter, dated 10 August 2001, from the Legal Assistance Officer, Headquarters, 21st Theater Support Group; a Memorandum for Record, dated 6 August 2001, from the Commanding Officer, Headquarters, Special Operations Command Europe; DA Form 2823 (Sworn Statement), dated 
7 August 2001, executed by the applicant; DD Form 139 (Pay Adjustment Authorization), dated 13 July 2001; DD Forms 1610 (Request and Authorization for TDY of DOD Personnel), dated 15 December 1994 and 21 May 1995; TDY Travel Advance Voucher Summaries, dated 8 January 1995 and 29 December 1994; DD Form 1351-2 (Travel Voucher or Subvoucher), dated 18 May 1995; Travel Voucher, dated 6 August 1995; Travel Voucher Summary, dated 7 June 1995; DD Forms 1475 (Basic Allowance for Subsistence - Certification), for the months of January, February, March and April 1995; out processing document, dated 16 September 1996; and copies of  Leave and Earnings Statements for the period January 1995 through July 2001.           

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

The applicant is currently serving in the Regular Army in the rank of sergeant first class (pay grade E-7). 

The applicant attended Ranger Training at Fort Benning, Georgia, during the period 8 January 1995 through 14 May 1995.  

In July 1995, the applicant was notified of his overpayment for BAS during the period 8 January 1995 through 14 May 1995, which totaled $855.83.

On 9 August 2001, the applicant executed a DA Form 3508-R (Application for Remission of Cancellation of Indebtedness) based on injustice.

On 11 October 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command disapproved the applicant’s request for remission or cancellation of the debt.

The applicant’s pay records show that the debt was suspended until October 2001 and that the debt was collected in full over a three month period.

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

1.  The applicant received overpayment of allowances for BAS in the amount of $855.83.

2.  On 11 October 2001, the Chief, Special Actions Branch, U.S. Total Army Personnel Command disapproved the applicant’s request for remission or cancellation of the debt.

3.  The applicant’s pay records show that the debt was collected in December 2001.

4.  The Board considered the applicant’s contention that he made numerous attempts to either collect or cancel the debt.  However, failure of the system to properly collect the debt in a timely manner, in this case, does not relieve the applicant of responsibility for paying back what he knew he was overpaid.  No justification has been established to reimburse the applicant the overpayment collected against this just debt.  

5.  Based on the foregoing, the applicant has not convinced this Board that collection of the overpayment was unjust or that the overpayment should otherwise not have been collected.

6.  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 that would satisfy this requirement.

7.  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

MHM___  KAN_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064532	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1200	
2.		
3.		
4.		
5.		
6.