IN THE CASE OF: BOARD DATE: 29 May 2012 DOCKET NUMBER: AR20120005786 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 his debt in the amount of $6,669.00 be remitted. 2. The applicant states: * The U.S. Army Human Resources Command denied his application for remission or cancellation of indebtedness and determined that no grounds existed to remit or cancel the debt based on a hardship or injustice * He received the first payment of $6,669.00 in February 2009 for travel pay * Two months later he received a second payment of $6,669.00 * He called the Defense Finance and Accounting Service (DFAS) and told them about the deposit made in April 2009 and he was told it was his final payment for his Do It Yourself (DITY) move * In September 2010 he was notified by DFAS he was overpaid $6,669.00 * He took the DFAS email to his finance office at Fort Bragg, NC and they told him as far as they could see or tell he owed nothing and his travel vouchers were properly completed * He spoke to a DFAS official and he was told the debt was valid 3. The applicant provides: * Memorandum, dated 12 January 2011, from the U.S. Army Human Resources Command, Fort Knox, KY * DA Form 2823 (Sworn Statement), dated 12 October 2010 * Two recommendations for remission of debt * Army Emergency Relief worksheets * DA Form 3508 (Application for Remission or Cancellation of Indebtedness) * Travel vouchers * Letter, dated 9 August 2010, from DFAS * Individual Traveler Valid Payment History in "ODS" * Travel Voucher or Subvoucher * DD Form 2278 (Application for DITY Move and Counseling Checklist) * Letter, dated 3 April 2012, from a Member of Congress CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 18 February 1998. He has remained on active duty through continuous reenlistments. 2. On 16 January 2009, he submitted an application for a DITY move from Fort Sill, OK to Fort Bragg, NC. This form shows the estimated advance operating allowance totaled $6,669.00. 3. He provided DFAS travel vouchers which show he was advanced: * $6,669.00 on 10 February 2009 * $6,669.00 on 7 April 2009 4. On 9 August 2010, he received a notice of indebtedness for an outstanding permanent change of station (PCS) travel debt in the amount of $6,669.00. 5. He was promoted to sergeant first class on 1 June 2011. 6. On 6 October 2010, the applicant submitted an application for remission or cancellation of indebtedness in the amount of $6,669.00 based on a hardship and an injustice. 7. He provided memoranda, dated 12 October and 21 October 2010, from his Commanding Officer and the lead financial counselor at Fort Bragg, NC. The recommendation is that his debt be cancelled in whole for the cited reasons: * The collection of a debt over 19 months old is unjust because it places an unnecessary financial burden on the applicant and his family * The untimely manner of collection does not allow for proper investigation * The applicant has hard copies of supporting documents to show how payments were made to him * The untimely payment of travel vouchers submitted from various activities caused him concern but DFAS assured him that the money was his * After a careful review of the applicant's budget he has a monthly surplus of $61.00 and he is not in a position financially to repay the debt * If the indebt is not forgiven, prorate the debt over an extended period to lessen the financial hardship it would cause him 8. On 12 January 2011, his application for remission or cancellation of debt in the amount of $6,669.00 was disapproved. The Chief, Special Actions Branch, U.S. Army Human Resources Command, Fort Knox, KY determined that no grounds existed to remit or cancel the debt based on a hardship or an injustice. DISCUSSION AND CONCLUSIONS: 1. The evidence shows in January 2009 the applicant submitted an application for a DITY move from Fort Sill, OK to Fort Bragg, NC and the estimated advance operating allowance totaled $6,669.00. 2. The evidence shows he was advanced $6,669.00 on 10 February 2009 and two months later, on 7 April 2009, he received a second advance of $6,669.00. As a result, he incurred a debt in the amount of $6,669.00. 3. He contends he was overpaid through no fault of his own. However, he received a benefit in the amount of $6,669.00, a benefit similarly-situated Soldiers did not receive. 4. His remaining contentions and the letters from his Commanding Officer and the lead financial counselor at Fort Bragg, NC were carefully considered. However, the applicant was clearly overpaid. 5. Based on the foregoing, there is insufficient evidence on which to grant his request. 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 that 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) AR20120005786 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1