ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 May 2019 DOCKET NUMBER: AR20170000873 APPLICANT REQUESTS: relief of debt APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes) dated 25 April 2013 * Army Board for Correction of Military Records (ABCMR) Case AR20110015396, dated 2 February 2012 FACTS: 1. The applicant states: * he received a decision from the Army Review Board Agency (ARBA) to back date his rank as well as federal recognition * soon after the decision, he received back pay due * his promotion to Captain (CPT) via time in grade had been exceeded * he has been trying for several years to get this resolved with Defense Finance and Accounting Service (DFAS) * DFAS states he owes back pay * he's sent the document from the previous ARBA case to DFAS * he would like this debt absolved * he's had his records corrected to reflect the correct date of rank 2. The applicant submitted an application to the ABCMR for correction of his date of rank to First Lieutenant (1LT). The Board decided the case on 2 February 2012. Their decision was to show the applicant was promoted to 1LT and extend Federal recognition effective 10 November 2009 with all appropriate adjustments in pay and allowances. 3. The Deputy Assistant Secretary of the Army for Army Review Boards signed a letter to National Guard Bureau and the applicant on 6 February 2012 stating the outcome of the Board. 1. 4. The applicant submitted the ABCMR case to DFAS and received a letter from DFAS on 17 March 2014. The memo states, his pay records were corrected to show he was promoted to 1LT effective 10 November 2009; however, his DA Form 1506 did not match their records and they were unable to determine the correct amount of pay due to the applicant. They requested the applicant contact his local finance officer to have his pay records corrected. Once they received the corrected DA Form 1506, they could correctly determine the amount of pay the applicant was due. 5. The applicant states he's been trying for several years to fix the pay issue; however, there is no evidence in the applicant's service records and the applicant does not provide documents or witness statements regarding his attempts to correct his DA Form 1506 with his local finance officer. 6. The applicant provides a DA Form 1506 dated 29 April 2013. This DA Form 1506 is dated prior to the letter from DFAS, dated 17 March 2014. There is no evidence this is the corrected DA Form 1506 or the applicant's attempts to send it to DFAS. 7. An e-mail from a representative of DFAS states the applicant's debts are from advanced leave in that he took 20 days of leave but was only entitled to 14 days of leave. A portion of the debt is from overpayment of base pay and entitlements due to an erroneous promotion date of 10 May 2008. His official date of promotion was not until 19 September 2012. 8. The applicant's service records contain an oath of office to Second Lieutenant (2LT) effective 3 May 2008. There is no evidence of federal recognition documents for his appointment to 2LT within his service records. 9. The applicant was promoted to 1LT on 3 May 2010. This date was corrected to 10 November 2009 via the ABCMR case. He was promoted to CPT effective 19 September 2012, the date referenced in the DFAS e-mail. BOARD DISCUSSION: After review of the application and all supporting documents, the Board determined that there is insufficient evidence to grant relief. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient evidence to show that an error or injustice was present which would warrant changing the applicant’s record. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant 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. 5/21/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10 (Armed Forces) Section 1405 (Years of Service). To compute a service member's years of service under this provision: • Add his/her years of active service; and, • Years of service to which he/she would be entitled per section 12733 (Computation of Retired Pay: Computation of Years of Service), if he/she were entitled to retired pay under section 12731 (Age and Service Requirements) • Both sections 12731 and 12733 pertain to non-regular retirements 2. Title 37, U.S. Code, section 205. For calculating the basic pay of a service member, compute his/her years of service by adding: • All periods of active service as an officer or enlisted member • All periods during which he/she held an appointment as an officer in a regular component, the Regular Army Reserve, and/or a reserve component of a uniformed service 3. By memorandum, subject: Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First Lieutenant (NGB-ARH Policy Memo 08-035), dated 25 November 2008, the NGB advised that effective 19 August 2008, the TIG requirement was reduced to a minimum of 18 months TIG provided an individual had completed the basic officer leadership course.