ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20170012813


APPLICANT REQUESTS:  

* to be paid for 17 months of Family Separation Allowance (FSA)
* refunded the funds that were recouped from him and given to the government 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Temporary Change of Station (TCS) Orders 048-032 (1st page)
* Internet printout (page 2 of 3)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140010277 on 13 March 2015.

2.  The applicant states, in effect:

   a. He reported to Germany on 13 November 2009 with less than 2 years remaining on active duty.  He had a mandatory retirement date of 30 September 2011.  He was told he could not bring his family, due to the time remaining until his mandatory retirement.  His branch failed to delete or amend his assignment and to extend his mandatory retirement date.  
   
   b. Shortly after arriving to Germany, he inquired about FSA and was told he was in a special category; therefore, he was entitled to receive payments.  He received FSA beginning in March 2010 until March 2012, then he was told that he was not entitled.  As a result, all previous FSA payments received outside of a Combat Zone was collected and returned to the government.



3.  The applicant provides:

   a. Temporary Change of Station (TCS) Orders 048-032 (1st page), dated 17 February 2010, reflects he was going to be deployed in support of Operation Enduring Freedom (OEF), with an effective date of on/about (O/A) 17 February 2010.
   
   b. An internet printout (page 2 of 3), dated 30 May 2013, downloaded from the myarmybenefits.us.army.mil website, that defines the term “Family Separation Allowance (FSA).”

4.  A review of the applicant’s service record shows:

   a. He enlisted in the Regular Army on 10 September 1985.
   
   b. Human Resources Command (HRC) memorandum, dated 31 January 2012, reflects his approved voluntary retirement effective date was changed to 1 August 2012.
   
   c. Seventh U.S. Army Joint Multinational Training Command (JMTC), Office of the Staff Judge Advocate (OSJA), memorandum dated 27 March 2012, reflects the Ansbach Transition Point was alerted not to process the applicant for retirement pending a CID investigation for fraud.
   
   d. Seventh U.S. Army JMTC memorandum, dated 22 June 2012, informs the applicant of the charges referred against him under the Uniform Code of Military Justice (UCMJ), Article 107 for false official statement and Article 121 for larceny of basic housing allowance, hostile fire/imminent danger pay, hardship duty pay, and family separation pay.  As a result, under the provisions of Army Regulation (AR) 635-200, paragraphs 1-22 and 1-31, he was retained beyond his expiration term of service on active duty and involuntarily extended until final disposition of his case.
   
   e. Seventh U.S. Army JMTC OSJA memorandum, dated 25 June 2012, states the applicant had reached his retention control point and was scheduled to retire before evidence of misconduct was discovered.  Charges were referred on 26 April 2012and the court-martial was scheduled for 9-11 July 2012.  As a preventative measure, it was suggested that the applicant’s expiration term of service (ETS) was extended indefinitely.
   
   f. HRC memorandum, dated 5 July 2012, reflects the applicant’s retirement orders will be revoked or rescinded, as appropriate.
   
   g. Department of the Army Report of Result of Trial shows during a trial by Special Court-Martial on 9-10 July 2012, he was convicted of four specifications of larceny.  The court sentenced him to be reduced to the grade of staff sergeant/E-6, to pay the United States a fine of $6000.00, to forfeit $2300.00 pay per month for one month, and to be confined for one month. 
   h. Special Court-Martial Order Number 17, dated 6 December 2012, reflects the convening authority approved the sentence for reduction to the grade of staff sergeant/E-6, confinement for one month, forfeiture of $2300.00 pay per month for one month, and to pay the United States a fine of $6000.00 and ordered the sentence executed.  

   i. He was discharged from the Army on 31 August 2012.  His DD Form 214 shows he was discharged under the provisions of AR 635-200, Chapter 12, retirement, and his service was characterized as honorable.  He had lost time from 10 July 2012 to             3 August 2012.  

5.  Department of Defense (DoD) 7000.14-R (Financial Management Regulation), Volume 7A, Chapter 27, provides policy for Family Separation Allowance (FSA).  FSA provides compensation for added expenses incurred because of an enforced family separation under one of the conditions in subparagraphs 270203.A.1 through 3.  FSA is payable to qualified members serving inside or outside the United States.  It is not authorized when a member performs duty at any station under permissive orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was insufficient evidence to show that the applicant was entitled to received FSA.  Therefore, the Board found a lack of evidence to show an error or injustice which would warrant making 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.  Department of Defense (DoD) 7000.14-R (Financial Management Regulation), Volume 7A, Chapter 27, provides policy for Family Separation Allowance (FSA). FSA provides compensation for added expenses incurred because of an enforced family separation under one of the conditions in subparagraphs 270203.A.1 through 3.  FSA is payable to qualified members serving inside or outside the United States.  It is not authorized when a member performs duty at any station under permissive orders.

   a. Subparagraph 270201 states FSA is payable to members with dependents. FSA is payable in addition to any other allowance or per diem, to which a member may be entitled. The member, however, may not receive more than one payment of FSA for the same period, even though qualified for FSA - Restricted (FSA-R), FSA - Ship (FSA-S), and FSA - Temporary (FSA-T).
   
   b. Subparagraph 270401.C1, states a member selected for PCS overseas to an area where his or her dependents are permitted must elect to serve either an unaccompanied or an accompanied tour.  Except as waived by the Secretary of the Military Department concerned, a member electing to serve an unaccompanied tour, in lieu of an accompanied tour at a PDS where his or her dependents are permitted, is not entitled to FSA-R for such a tour.  A member who is in receipt of accompanied tour orders, and subsequently requests to serve an unaccompanied tour, to include a dependents-restricted tour, in lieu of an accompanied tour at a PDS where his or her dependents are permitted, is not entitled to FSA-R for such a tour. Secretarial waiver of this policy may be granted in situations where it would be inequitable to deny FSA-R to a member because of the unusual family or operational circumstances.

2.  Title 37 U.S. Code 427. Family separation allowance, paragraph (a)(1)(A) states in addition to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a month allowance equal to $250 if the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 476 of this title and his dependents do not reside at or near that station.

ABCMR Record of Proceedings (cont)	 AR20170012813


4


1