BOARD DATE: 3 February 2020 DOCKET NUMBER: AR20170005141 APPLICANT REQUESTS: Correction of her record to show: * remission/cancellation of a $3,732.40 overpayment debt * a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States, dated 10 April 2014 * Memorandum, Subject: Medical Treatment Letter of Instruction for the applicant, dated 19 July 2014 * Memorandum for Record (MFR), Subject: Line of Duty (LOD), dated 7 August 2014 * DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training), dated 14 August 2014 * Memorandum, Subject: Dismissal from Officer Candidate School (OCS), dated 27 August 2014 * Memorandum, Subject: Release from Active Duty (REFRAD), dated 5 September 2014 * DD Form 220 (Active Duty Report), dated 9 September 2014 * DA Form 137-1 (Unit Clearance Record), dated 9 September 2014 * September and October 2014, 1st Advantage Federal Credit Union account statements * Email correspondence number 1 * Email correspondence number 2 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she was REFRAD on 8 September 2014. She received two [sic] payments after her REFRAD. On 15 September 2014, she received $779.16, on 1 October 2014, she received $783.66, and on 31 October 2014, she received $783.67. The U.S. Army Reserve (USAR) reported her debt as being more than $3,732.40 instead of $2,346.49 which was the original debt amount. 3. A review of the applicant’s official records show the following on: a. On 10 April 2014, the applicant enlisted in the USAR in the rank/grade of specialist (SPC)/E-4. In conjunction with her enlistment, DD Form 1966 (Record of Military Processing Armed Forces of the United States) was completed showing the applicant was accessed into Military Occupational Specialty (MOS) 09S (Commissioned Officer Candidate) b. On 20 May 2014, Orders Number 140-214, issued by Headquarters, U.S. Army Garrison, Fort Jackson, SC, attached the applicant to Headquarters and Headquarters Company, 3rd Battalion, 11th Infantry Regiment, Fort Benning, GA, effective 3 July 2014 for training in MOS 09S. c. On 14 August 2014, DD Form 785 was completed showing the applicant was administratively relieved from OCS for medical circumstances. d. On 9 September 2014, DD Form 220 was completed showing the applicant was released from Fort Benning, GA back to Fort Lee, Virginia by reason of release from OCS. e. The applicant is currently serving in the ARNG. 4. The applicant provides: * Memorandum, Subject: Medical Treatment Letter of Instruction wherein the applicant was provided instructions pertaining to her stress fractures of the right shin and ankle * MFR, Subject: LOD wherein a LOD determination was made as it pertains to her right shin pain * Memorandum, Subject: Dismissal from OCS wherein the applicant was dismissed from OCS effective 17 August 2014 * Memorandum, Subject: REFRAD showing the applicant’s REFRAD was approved for 8 September 2014 * DA Form 137-1 showing the applicant cleared her Fort Benning unit * September and October 2014, 1st Advantage Federal Credit Union account statements showing the Defense Finance and Accounting Service (DFAS) deposits of $779.16, $783.66, and $783.67 * Email correspondence wherein the applicant inquired about promotion orders to the rank/grade of sergeant (SGT)/E-5 when her MOS was changed from 09S and she was assigned to the 334th Quartermaster Battalion * Email correspondence wherein the applicant inquires about drill pay, unit training, returning to OCS, and a conditional release from the USAR to the ARNG 5. On 18 December 2019, the Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Compensation and Entitlements Division opined that, it was the opinion of their office that no relief should be granted for the indebtedness for the applicant. Their office confirmed the debt established by DFAS as $3,732.40 due to overpayment of pay and allowances for the period of 10 September 2014 to 31 October 2014 (52 days). A copy of the complete advisory opinion has been provided to the Board for their review and consideration 6. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. 7. Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Request for remission or cancellation of indebtedness must be based on injustice, hardship, or both. Title 10 USC, section 4837 states a Soldier’s debt may be remitted or canceled in cases arising from payments made in error to a Soldier, debts incurred while serving on active duty or in an active status as a Soldier, and debts acknowledged as valid. 8. AR 15-185 (ABCMR) states in: a. Paragraph 2-9 the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. Paragraph 2-11 an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also found that relief was not warranted. Based upon the findings of the advisory opinion and a lack of rebuttal response from the applicant, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. AR 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Request for remission or cancellation of indebtedness must be based on injustice, hardship, or both. Title 10 USC, section 4837 states a Soldier’s debt may be remitted or canceled in cases arising from payments made in error to a Soldier, debts incurred while serving on active duty or in an active status as a Soldier, and debts acknowledged as valid. 3. AR 15-185 (ABCMR) states in: a. Paragraph 2-9 the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. Paragraph 2-11 the ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005141 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1