ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20170014291


APPLICANT REQUESTS:

* Return of his monies paid on the debt of $4,440.83 for active duty period and $108 for Service member’s Life Insurance (SGLI)
* Appearance before the Board in Washington, D.C.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 2 letters of debt from the Defense Finance and Accounting Service (DFAS)
* Various published orders and amendments
* Service records from the applicant’s Interactive Personnel Electronics Records Management System (iPERMS)

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 he was on active duty orders from September 2009 to January 2010 for basic training, which was part of his initial active duty for training (IADT).  During that period, several orders were published and then revoked without his knowledge.  He believes the various orders and changes were the cause of the debt issue.

   a.  One example shows that, his release from active duty (REFRAD) was on 15 January 2010, following his required training, but there are orders that show his REFRAD was on 17 November 2009.  In Order # 102-017, dated 12 April 2010, it shows per his request, he was transferred to his unit effective 17 November 2009, which is false.  He was in basic training at the time and had no knowledge of the activity.  He asked his pay officer about his debt, and was informed it was because he was paid for meals when he should not have been since he was in basic training.  Once he separated from his unit is when he learned the real reason of the debt.  He states he paid off the debt so could apply for a mortgage and the debt was interfering with the process.

   b.  He tried to correct the error but DFAS informed him that only his former unit could correct the problem.  He attempted to work with the former unit to resolve the error, but they have not been helpful, and have refused to help.  The clerical error has impeded on his credit and has made things very difficult for him.  He hopes the Board will be able to resolve this problem so he can clear his credit issue.  He is requesting that the monies paid on the debt, which is rightfully his, be reimbursed.

3. The applicant provides the following orders that were published, amended or revoked while he was attending school for his MOS, by the State of Connecticut Military Department, Connecticut Army National Guard (CTARNG)

* Orders # 264-030, dated 21 September 2009, show he was ordered to Active duty as a member of his reserve component unit for mobilization for deployment for Operation Enduring Freedom.  He was to report to his home station on 18 November 2009, and the mobilization (MOB) station on 21 November 2009.
* Orders # 323-070, dated 19 November 2009, amended Orders # 264-030 with a new home station and MOB station report date of 2 January 2010
* Orders # 351-021, dated 17 December 2009, further amended Orders # 264-030 with a new home station report date of 2 January 2010, and MOB station report date of 3 January 2010
* Orders # 351-027, dated 17 December 2009, revoked Orders # 323-070
* Orders # 362-030, dated 28 December 2009, revoked Orders # 264-030
* Orders # 363-020, dated 29 December 2009, revoked Orders # 351-021

4.  A review of the applicant’s iPERMS service records show:

a.  He enlisted in the CTARNG for 6 years on 24 July 2009.

b.  SGLV Form 8286 (Servicemember’s Group Life Insurance (SGLI) Election and
Certificate) dated 24 July 2009, shows he elected for coverage in the amount of $100,000.00.

c.  DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 6 (Military occupational specialties) (MOS) his primary (P) PMOS was 11B10, Infantryman, with an effective date of 15 January 2010.
* Item 34 (Record of assignments) shows on 3 September 2009 – he was ordered to 14 weeks IADT at Fort Benning, GA, under Orders # 9246025, dated 3 September 2009.
* Item 34 also shows on 17 November 2009, – his position was transferred to Company C (-) (REAR), 1st Battalion, 102nd Infantry Regiment under orders # 102-017, dated 12 April 2010.

d. Orders # 337-2910, dated 3 December 2009, published by Headquarters, U.S.
Maneuver Center of Excellence, Fort Benning, GA, shows he was awarded his PMOS 11B10, and secondary (S) SMOS 11C, effective 15 January 2010 or upon completion of his MOS training 

e.  The iPERMS file DD Form 214 shows in:

* Item 11 (Primary specialty) 11B10 Infantryman
* Item 12a (Date entered Active Duty this period) 2 September 2009
* Item 12b (Separation date this period) 15 January 2010
* Item 12c (Net active service this period) 4 months, and 14 days
* Item 18 (Remarks) Member has completed first full term of service
* Item 23 (Type of separation) REFRADT
* Item 24 (Character of service) Honorable
* Item 28 (Narrative reason for separation) Completion of required active service

f.  Orders 102-017, dated 12 April 2010, published by the State of Connecticut
Military Department, shows the applicant was released from Company C (-), 1st  Battalion, 102nd Infantry Regiment.

* He was transferred to Company C (-) (REAR), 1st Battalion, 102nd Infantry Regiment, effective 17 November 2009
* Shows the assign/loss reason: Individual’s Request (IL)
* Shows position number excess reason: Soldier HAS NOT completed the minimum training for deployment 
* Shows duty position qualification: Not qualified – attending initial entry training (IET), Phase 2 of IET, or MOS training
* Shows date of assignment/loss reason: 17 November 2009

g.  Orders # 072-137, dated 13 March 2011, published by the State of Connecticut
Military Department, shows the applicant was transferred from Company C (-) (Rear), 1st Battalion, 102nd Infantry Regiment to Company C (-), 1st  Battalion, 102nd Infantry Regiment effective 14 February 2011. Assignment/loss code IL (individual’s request).  The order further shows: excess/overstrength due to reorganization. 

h.  NGB Form 22 (Report of Separation and Record of Service) shows in:

* Item 8b (Effective date) 19 March 2013
* Item 10a (Net service this period) 3 years, 7 months, and 26 days
* Item 11 (Terminal date of reserve/military service obligation) 23 July 2017
* Item 24 (Character of service) General – Under Honorable Conditions

i.  Orders # 081-001, dated 22 March 2013, published by the State of Connecticut
Military Department, shows the CTARNG discharged the applicant with a General discharge effective 19 March 2013.  He was assigned to the U.S. Army Reserve (USAR) Control Group, St. Louis, MO. The order further shows assignment/loss code CW (Continuous and willful absence).

5.  The applicant provided the DFAS letter, dated 23 July 2014.  A review of the letter shows in account IN6VG6C41, the applicant had a valid debt to the U.S. in the principal amount of $4440.83 for the following: 

a.  A debt of $4332.83 was due to the recoupment of pay and allowances for the
period from 18 November 2009 to 15 January 2010.  The debt was determined after the applicant’s REFRAD on 17 November 2009.  The letter states the payments were disbursed to the applicant’s direct deposit account for the period.  The letter further states “If your DD Form 214, Certificate of Release from active duty (Block 12B) indicates a different REFRAD date; forward it to this office for further review.”

b.  A debt of $108.00 was for the collection of Servicemember’s Group Life
Insurance (SGLI) premiums from December 2012 to March 2013 when the applicant was not performing duty, and did not earn any money from which the premiums could be deducted.  Premiums were assessed at a monthly rate from the date of his enlistment to his official date of separation on 19 March 2013.  Changes to or cancelation of premiums should have been submitted in writing to his unit.  

c.  The debt was transferred to the DFAS from the applicant’s former unit at the time.
The applicant was informed to contact his former unit or the Reserve Pay Office if the information was incorrect or if he required additional information.  The letter states, that DFAS cannot change or cancel the debt without documentation from his former unit.  The debt was referred to Fed Debt, a private collection agency.

6.  The applicant provided the DFAS letter, dated 29 January 2015.  A review of the letter shows the following information regarding the applicant’s account IN6VG6C41.

a.  In effect, the DFAS acknowledged the applicant submitted his DD Form 214 for
the period from 2 September 2009 to 15 January 2010, as recommended in their letter dated 23 July 2014.  However, the letter states the DD Form 214 “only confirms that you were separated from active duty on 15 January 2010. It does not confirm your REFRAD date of 17 November 2009.”

b.  The DFAS review of his records determined MOB Order #363-020 was revoked
on 29 December 2009, and new order # 102-017, dated 12 April 2010 indicated the applicant was transferred effective 17 November 2009, per his request.  The letter further states “this order confirms your REFRAD date of 17 November 2009; therefore you were not entitled to the pay from 18 November 2009 through 15 January 2010.  Your debt remains valid.”

c.  The letter informed the applicant that, if he felt that an injustice occurred, a
possible avenue of relief is to petition for a waiver of indebtedness.  If he received a favorable consideration by the waiver department, any money over collected against his debt would be refunded. 

d.  DFAS provided the applicant with DD Form 2789 (Waiver/Remission of
Indebtedness Application) with instructions for submitting it along with his supporting documents.  There is no evidence in his record that shows he completed the form and submitted it back to the DFAS with his supporting documents. 

7.  National Guard Regulation (NGR) 37-104-3 (Financial Administration– Military Pay and Allowances Policy and Procedures – Army National Guard) provides National Guard Bureau (NGB) policies and procedures for payment and collection of Federal active and inactive pay entitlements and allowances for Army National Guard Soldiers.  Chapter 4, together with applicable DFAS, Army, and NGB regulations, pamphlets, and pay systems’ user’s manuals, provides the guidance for active duty payments for ARNG Soldiers.

8.  By 580804 (Full-Time Coverage) in DoD Financial Management Regulation (DODFMR) 7000.14-R, provides for all members of the National Guard who are assigned or attached to a unit or position that requires performing Active duty (AD) or AD for training (ADT), and who will be scheduled to perform at least 12 periods (monthly) inactive-duty training (IDT) annually, that is creditable for retirement purposes, are automatically insured for full-time SGLI coverage.  The SGLI premiums will be collected from the member’s AD or drill pay whenever possible.  Even though a member may not drill on a particular month and may not receive pay, the premium is still included in the monthly transfer of funds to the DVA and must be collected from the member as quickly as possible.  The DFAS will establish a debt on the member’s pay account and collect the total premium due when pay is due.

9.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that debt repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

10.  By regulation, AR 15-185 (ABCMR) 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.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  Board members noted that this is a valid debt, established by DFAS.  The applicant has a DD Form 214 that shows he served until January 2010.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the service component erred and the Soldier should not be penalized.  Board members voted to show the applicant submitted an exception to policy request to waive the debt and his exception to policy was approved by the appropriate service component.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and Army National Guard records to show he submitted an exception to policy request to not have the money recouped ($4,332.83 for pay and allowances and $108.00 for SGLI) and his request was approved by the National Guard Bureau. 

	 
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.  DoD Financial Management Regulation (DODFMR) 7000.14-R, 580804 (Full-Time Coverage), provides that all members of the National Guard who are assigned or attached to a unit or position that requires performing Active duty (AD) or AD for training (ADT), and who will be scheduled to perform at least 12 periods (monthly) inactive-duty training (IDT) annually, that is creditable for retirement purposes, are automatically insured for full-time SGLI coverage.  The SGLI premiums will be collected from the member’s AD or drill pay whenever possible.  Even though a member may not drill on a particular month and may not receive pay, the premium is still included in the monthly transfer of funds to the DVA and must be collected from the member as quickly as possible.  The DFAS will establish a debt on the member’s pay account and collect the total premium due when pay is due.

3.  National Guard Regulation (NGR) 37-104-3 (Financial Administration– Military Pay and Allowances Policy and Procedures – Army National Guard) provides National Guard Bureau (NGB) policies and procedures for payment and collection of Federal active and inactive pay entitlements and allowances for Army National Guard Soldiers.  Chapter 4, together with applicable DFAS, Army, and NGB regulations, pamphlets, and pay systems’ user’s manuals, provides the guidance for active duty payments for ARNG Soldiers.

a.  Chapter 7 addresses claims for pay; collections for overpayment, suspensions of 
collection of pay; debt waivers; and stoppages of pay.  It is used in conjunction with the DoD Financial Management Regulation (DODFMR) Volume 7A, Army Regulation (AR) 37-104-4 (Financial Administration– Military Pay and Allowances Policy and Procedures – Active Component), and other Army and NGB regulations, pamphlets, and user’s manuals.

b.  Paragraph 7-3 provides for collections from ARNG civilian and military personnel
for overpayment of pay entitlements.

c.  Paragrapgh 7-4 provides for ARNG Soldiers who believe their debt is incorrect 
may request either remission of indebtedness or waiver of payment, which can only by granted by DFAS.  ARNG Soldiers may also request suspension of collection action pending the remission decision.

4. A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that debt repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

5.  By regulation, AR 15-185 (ABCMR) 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)	 AR20170014291


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