IN THE CASE OF: BOARD DATE: 19 April 2012 DOCKET NUMBER: AR20110016475 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that the remainder of her debt in the amount of $18,784.90 be cancelled or remitted. 2. The applicant states, in effect, that her original debt of $56,384.70 has been partially remitted by $37,589.80; however, she cannot afford to pay the remaining $18,784.90 because it will impose a financial hardship on her. 3. The applicant provides a copy of her original request for remission/cancellation of debt. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army in the pay grade of E-4 on 31 August 2005 for a period of 4 years and 22 weeks, training as a human resources specialist, participation in the student loan repayment program, and a $5,000 enlistment bonus. 2. She completed her training at Fort Jackson, South Carolina and subsequently received an assignment to Heidelberg, Germany with her family. The applicant was residing in government quarters and during the course of her tour her spouse was required to leave the country for misconduct. As a result, the applicant filed a claim for travel reimbursement and finance personnel incorrectly initiated action to pay her BAH (basic allowance for quarters) for the area in which her husband returned (New Jersey). As a result, the applicant was residing in government quarters and was also receiving BAH allowances for a period of 32 months. 3. The applicant reenlisted on 18 March 2009 for a period of 2 years. At the time of her departure the mistake was discovered and the applicant was informed that she had been overpaid $56,348.70 and would be required to repay it. She was transferred to Fort Jackson, South Carolina. 4. The applicant submitted a request for cancellation/remission of her debt to the Human Resources Command (HRC) and HRC approved partial cancellation/ remission of her debt in the amount of $37,589.80 on 4 December 2009. The HRC determined that the applicant had not submitted grounds to cancel or remit the remaining portion of the debt due to hardship or injustice and advised her that she could apply to the Board. 5. The applicant reenlisted on 28 October 2010 for a period of 3 years and assignment to Fort Sill, Oklahoma. 6. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 which opines that the applicant’s request should be denied because there was no evidence that the applicant had made any changes in her discretionary spending in order to repay the debt. 7. The advisory opinion was provided to the applicant for comment and she responded to the effect that she could not afford to repay the debt. She further states that she knows that she was overpaid and she has learned from her mistake but she is the only source of income for her family. 8. The applicant was promoted to the rank of sergeant E-5 on 1 February 2012. 9. Army Regulation 600-4 serves as the authority for processing applications for cancellation/remission of indebtedness. It states, in pertinent part, that a debt to the government may be cancelled if it is determined that based on the information received, an injustice or hardship, or both exist. It also states, that the soldier’s awareness of policy and procedures will be considered as well as whether or not the soldier inquired of proper authority and was told that the payment was correct. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the remainder of her debt should be cancelled or remitted has been noted and appears to lack merit. 2. Although a substantial portion of her debt has already been cancelled/remitted the applicant has failed to show sufficient evidence to warrant cancellation of the remainder of the debt. 3. The applicant received dual housing benefits for almost 3 years that she was not entitled to receive and the government is entitled to have that money returned just as she would be entitled if she had been underpaid. 4. Accordingly, there appears to be no basis to grant her request to relieve her of the responsibility to repay a just debt, especially given that she has recently been promoted and will have more funds available in which to manage her budget. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20110016475 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110016475 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1