IN THE CASE OF:  

		BOARD DATE:  27 July 2020

		DOCKET NUMBER:  AR20180004411


APPLICANT REQUESTS:  

*	add her DA Form 3645 (Complete Expiration Term of Service Turn-in Worksheet) 
to her record to show she turned in all her equipment
*	in effect, cancel her debt and reimbursement for monies paid
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Email from unit
*	Equipment Turn-In Worksheet
*	NGB Form 22 (Report of Separation and Record of Service)

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.  She requests the DA Form 3645 be added to her military record as proof the 
issued equipment was returned.  The form proves the issued equipment was turned in 
on 12 August 2014 by her supply sergeant with his electronic signature.

	b.  She contacted her supply sergeant, but he was unable to correct her record to 
show she turned in the equipment.  He confirmed the DA Form 3645 was a legal 
document showing she had turned in the equipment.

	c.  Her records do not include the DA Form 3645 and her supply record has not 
been amended to show she turned in the equipment.  She had no way of knowing her 
supply record had not been corrected once the equipment was turned in.  

	d.  The letter notifying her of the shortage went to her new address and by the time 
she received it, she had already been sent to collections for the shortage.  By the time 
she was able to get it straightened out, the unit could not change the collection data.

	e.  She has being asked to pay $3,000.00 for the equipment that was turned in by 
her supply sergeant.  She sent a copy of the DA Form 3645 to the collection agency, 
but she was told she needed to have her unit change her record.  The wage 
garnishment has caused her a hardship.

	f.  She attached an email from her supply sergeant stating he turned in her 
equipment as well as the DA Form 3645 showing the turned in equipment for the 
Board's consideration.  These were the only documents showing she turned in the 
equipment.

3.  The applicant’s service records are void of any documentation regarding the loss of 
equipment or the amount of money she owed regarding the loss of equipment.  

4.  The applicant provides the following documents for the Board's consideration: 

	a.  An email from her supply sergeant dated 27 August 2014, which states he 
attached a document to show all of her equipment was inventoried by her and turned in.

     b. A DA Form 3645, which shows the turn-in of her equipment.  A handwritten note 
"short" is listed by her helmet though it shows it was turned in.

	c.  An NGB Form 22, which shows the applicant was released on 5 November 2012 
and transferred to US Army Reserve Control Group (Annual Training).  Her release was 
due to expiration of active status commitment in the Selected Reserve.  

5.   In the processing of this case, an advisory opinion was obtained on 28 June 2020, 
from the Chief, Special Actions Branch, National Guard Bureau.  The advisory 
recommended approval of the applicant's request.  She requests the DA Form 3645 to 
be added to her record to show she completed her turn in of equipment.  She states she 
was issued a debt of $3,000 for failing to turn in her helmet.  In her submission packet 
she included correspondence and documentation showing the helmet was turned into 
the supply sergeant after their final appointment.  Apparently the document was not 
attached to the applicant's clothing record to show a complete turn in, which generated 
the financial obligation.  A copy of the complete advisory opinion has been provided to 
the Board for their review and consideration.

6.  The applicant was provided a copy of this advisory opinion on 9 July 2020 to provide 
her an opportunity to comment and/or submit a rebuttal.  She did not respond.

7.  Army Regulation 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.   

8.  See all applicable regulatory guidance below under REFERENCES. 

BOARD DISCUSSION:

The Board concurred with the advisory official's conclusion that the applicant should be 
granted relief.  The Board determined the DA Form 3645 should be filed in her record, 
her debt should be cancelled, and any monies she has paid toward the debt should be 
returned to her. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding the 
DA Form 3645 dated 27 August 2014 to her record, cancelling any debt she incurred 
based on missing equipment, and returning to her any monies she has paid toward the 
cancelled debt.

		  
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, U.S. 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 Army Board for Correction of Military 
Records (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 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.

3.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) in accordance 
with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or
cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the 
United States.  Indebtedness to the U.S. Army that may not be canceled under Title 10 
USC, section 4837 when the debt is incurred while not on active duty or in an active 
status. 

4.  AR 735-5 (Property Accountability Policies) prescribes the basic policies and 
procedures in accounting for Army property and sets the requirements for formal 
property accounting within the Army, which includes but is not limited to defining the 
Command Supply Discipline Program, its intent, and implementing procedures.  It 
specifies that commanders at all levels will ensure compliance with all policies and 
procedures prescribed by this regulation that apply at their level of command.  AR 735-5 
defines the following terms:

	a.  Negligence – The failure to act as a reasonably prudent person would have 
acted under similar circumstances.  An act or omission that a reasonably prudent 
person would not have committed, or omitted, under similar circumstances and which is 
the proximate cause of the loss of, damage to, or destruction of Government property.  
Failure to comply with existing laws, regulations, and/or procedures may be considered 
as evidence of negligence.

	b.  Proximate Cause – The cause, which in a natural and continuous sequence of 
events unbroken by a new cause, produced the loss or damage.  Without this cause, 
the loss or damage would not have occurred.  It is further defined as the primary moving 
cause, or the predominant cause, from which the loss or damage followed as a natural, 
direct, and immediate consequence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180004411

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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