ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  10 January 2020

	DOCKET NUMBER:  AR20170005636


APPLICANT REQUESTS: 

	a.  Cancellation/remission of a $1,425.00 un-accrued leave debt.

	b.  A personal hearing before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 31 (Request and Authority for Leave), dated 11 December 2015
*	Email, dated 31 December 2015
*	Leave and Earnings Statement (LES), dated 23 March 2016
*	DA Form 2823 (Sworn Statement), dated 14 July 2016
*	DA Form 1559 (Inspector General (IG) Action Request), dated 22 August 2016
*	Email Hometown Recruiter Assistance Program (HRAP) screenshots

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:

	a.  She should be reimbursed for an erroneous debt that was drafted from her pay 
for un-accrued leave.  She worked during the time frame that she was charged leave 
for, thus, no debt should have been charged to her.

	b.  She has been having an ongoing pay issue with Maryland Army National Guard 
(MDARNG) for almost a year now regarding her participation in the HRAP during victory 
block leave from 2015-2016.  She participated in the HRAP from approximately 
17 December 2015 - 3 January 2016.  She performed work in the form of recruiting on 
behalf of her recruiter and has documentation which supports her claim.
	c.  Unfortunately, her DA Form 31 was filled out incorrectly and the box stating she 
would be doing the HRAP was not selected.  In addition, her company commander at 
basic training signed her DA Form 31 in lieu of her battalion commander.  
Consequently, the MDARNG IG was not able to assist because the aforementioned 
form was filled out erroneously.

3.  A review of the applicant’s official records show the following on:

*	25 June 2015 – the applicant enlisted in the MDARNG
*	24 September 2015 – Orders Number 5286005, issued by the Military Entrance 
Processing Station, Fort Meade, MD, ordered the applicant to initial active duty 
training, on 13 October 2015, to report to the 120th Adjutant General Battalion, 
Fort Jackson, SC
*	15 January 2016 – the applicant was honorably released from active duty and 
transferred to her ARNG unit

4.  The applicant provides:

*	DA Form 31 showing a request for ordinary leave from 18 December 2015 – 
3 January 2016 (2 days accrued leave and 15 days advanced leave) endorsed 
by her immediate commander (Remarks block is void of an entry)
*	Email correspondence from the applicant to her drill sergeant which stated the 
recruiter could not sign off on her HRAP because the DA Form 31 had to be 
signed by the battalion commander
*	LES showing the applicant had a debt of $1,254.72
*	DA Form 2823 wherein the applicant states in pertinent part, she opted into the 
HRAP to participate from 18 December 2015 – 3 January 2016, in exchange for 
not using un-accrued leave; her recruiter could not sign off on the DA Form 31 
because her immediate commander signed in lieu of the battalion commander
*	DA Form 1559 wherein the applicant provides the same statement provided on 
the DA Form 2823
*	Email screen shots wherein the applicant corresponds with Sergeant M related to 
performing HRAP duties

5.  Army Regulation (AR) 601-2 (Army Recruiting Support Programs) states the HRAP 
allows ARNG Soldiers the opportunity to participate in the HRAP while on initial active 
duty for training.  ARNG Soldiers are not allowed to participate in the program at any 
other time.  Participation in the HRAP is conducted in a Permissive Temporary Duty 
(PTDY) status.  The first lieutenant colonel (LTC)/O-5 in the Soldier’s chain of command 
may approve PTDY for up to 14 days.  Soldiers must volunteer to participate in the 
HRAP.

6.  AR 600-4 (Remission or Cancellation of Indebtedness) states debts to the U.S. Army 
may be remitted or cancelled under Title 10 USC, section 4837 for debts incurred while 
serving on active duty or in an active status as a Soldier. 
7.  AR 15-185 (ABCMR) states 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:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record of 
service, her active duty for training, a DA Form 2823 related to HRAP, the DA 31 leave 
form in the records noting advanced leave, the email correspondence provided by the 
applicant related to HRAP and the date of her separation from active duty.  The Board 
found insufficient evidence that showed the applicant was approved for HRAP 
participation by the appropriate authority.  Based on a preponderance of evidence, the 
Board determined that the applicant’s debt was not in error or unjust.

2.  The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
?


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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  AR 601-2 (Army Recruiting Support Programs) states the HRAP allows ARNG 
Soldiers the opportunity to participate in the HRAP while on initial active duty for 
training.  ARNG Soldiers are not allowed to participate in the program at any other time.  
Participation in the HRAP is conducted in a Permissive Temporary Duty (PTDY) status.  
The first lieutenant colonel (LTC)/O-5 in the Soldier’s chain of command may approve 
PTDY for up to 14 days.  Soldiers must volunteer to participate in the HRAP.

3.  AR 600-4 (Remission or Cancellation of Indebtedness) states debts to the U.S. Army 
may be remitted or cancelled under Title 10 USC, section 4837 for debts incurred while 
serving on active duty or in an active status as a Soldier.

4.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  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)	 AR20170005636
	
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