ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2020 DOCKET NUMBER: AR20170010652 APPLICANT REQUESTS: Correction of his record to show cancellation/remission of debt for loss of equipment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Vehicle Accident Report * Crime Incident Report FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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. He was activated to Active duty and sent to Fort Dix, New Jersey. He was assigned to training for 2 months and sent to Iraq. He was given too much Table of Allowance 50 (TA-50) equipment before he was sent to Iraq. b. His unit was sent home for a four day pass to take care of personal business. He arrived in San Diego International Airport and rented a vehicle from Hertz car rental. He went to his friend's home to pick up his house keys. After getting his keys, he went out to his rental vehicle and noticed the door lock was drilled out and the ignition to the vehicle was broken. He believes the person couldn't steal the vehicle so they stole all his military equipment and personal items. The vehicle was locked and his personal equipment was secured with two locks. c. He believes he was followed from the airport and was a victim of theft. He should not be charged for the stolen TA-50 equipment. d. His unit leaders told the Soldiers to store their equipment in their home. He took every precaution to make sure the items were secured by locking and double locking his items. He had no other alternative but to drive and get his keys from his friend's house. The rental vehicle was locked. There was no negligence on his part. He was a victim of theft. e. He was told by the Active Army National Guard supply noncommissioned officer in charge, he needed the paperwork from the car rental office, police report, and a statement from the applicant to not have to pay for the TA-50. 3. The applicant's available service records is void of a Statement of Charges, a Financial Liability Investigation of Property Loss, or documentation showing he lost his TA-50. 4. The applicant provides the following documents for the Board's consideration: a. A Hertz Vehicle Accident Report, which shows the date of the accident was 8 November 2006. The applicant stated, on the report, he walked out of the apartment complex and the lock on the door had been drilled and the ignition was broken. He called and made a report with the police. He had his clothes and possessions stolen. b. A crime incident report, dated 7 November 2006, which lists the items the applicant was missing from the incident. 5. The applicant made a Congressional Inquiry into the matter. The State of California Military Department responded to the inquiry on 8 December 2016, and stated: a. Based on the information the applicant included with his inquiry, there was a letter dated 6 August 2016, sent to the applicant from the United States Property and Fiscal Office (USPFO). The letter notified the applicant he was being held financially responsible for property loss in the amount of $866.05. b. The letter indicated the applicant was given 60 days to submit a request for reconsideration of the determination. If he failed to exercise one of the rights listed in the letter, then his last avenue of redress would be to apply to the Board for correction. Since the applicant did not appeal the decision prior to the suspense date, the applicant had to submit an application to the Board. 6. See applicable references below. 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, his record of service, the vehicle accident report, the crime incident report to include the two military items listed. The Board considered the absence of documentation to show what items the applicant was charged for, his request for reconsideration of the determination to charge him and corroborating evidence to support his report of loss. Based on a preponderance of evidence, the Board determined that the applicant’s charges for lost government property were not in error or unjust. 2. 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. 8/3/2020 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. REFERENCES: 1. Title 10, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 735-5 (Property Accountability Policies), states: a. When DA property becomes lost or damaged by causes of other than fair wear and tear, take administrative action according to this regulation. Obtain relief from property responsibility by completing a Statement of Charges/Cash Collection Voucher or initiating a Financial Liability Investigation of Property Loss. b. Initiate and process a financial liability investigation of property loss to account for lost, damaged, or destroyed Government property when negligence or willful misconduct is suspected as the cause, and the individual does not admit liability and refuses to make voluntary reimbursement to the Government for the full value of the loss less depreciation. 3. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) states the Secretary of the Army in accordance with the authority of Title 10 USC, section 4837, may remit or cancel a Soldier’s debt(s) to the U.S. Army, if such action is in the best interests of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge. //NOTHING FOLLOWS//