IN THE CASE OF:  

		BOARD DATE:  6 November 2020

		DOCKET NUMBER:  AR20180008756


APPLICANT REQUESTS:  cancellation of his debt to the Government in the amount of 
$24,712.28 for overpayment of Basic Pay, Basic Housing Allowance (BAH) and Cost of 
Living Allowance (COLA) and a personal appearance.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum – Defense Finance Accounting Service (DFAS) to 
Congresswomen
*	Memorandum – Congressional Inquiry to Congresswomen 
*	Memorandum - Notification of Debt Collection, dated 3 May 2017
*	Email correspondence ( 6 pages)
*	Orders 065-044 – Active Duty Training (ADT) dated 10 April 2015
*	Army National Guard Annual Statement
*	Orders 005-048 – Discharge effective 28 December 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 in effect, that he is requesting total forgiveness of a Defense 
Finance Accounting Service (DFAS) debt in the total of $24,712.28.  This debt was 
wrongfully placed on him by a clerical error and he attempted to correct the issue when 
first discovered.  The debt balance is not accurate and he was never paid regular drill 
pay or annual training pay during the time he was receiving the active pay.  He is being 
charged for monies that were paid to him for an entire permanent change of station 
(PCS) move back and forth from.  He did a do-it-yourself (DITY) move and was 
authorized full PCS entitlements that have now been lumped into the debt amount.  He 
did not benefit financially from this incident and have no way to pay off this excessive 
debt.  He is being punished by a clerical error that was of no fault of his own.  He 
attempted on multiple occasions to correct this issue at his unit level and was met with 
incompetence.  He is a disabled veteran and this situation has put an extreme economic 
hardship on him and his family.  

3.  The applicant provides:

	a.  A copy of his Congressional Inquiry to Congresswomen requesting her 
assistance.  The applicants request states in part, that he was honorably discharged in 
December 2016.  His issue involves overpayment from active duty orders he received 
for training in 2015.  He moved from to and his orders were later cancelled one week 
later.  He returned to and continued drill with his National Guard unit.  He noticed he 
was being overpaid and contacted his unit readiness officer to let them know what was 
going on.  (see attached)

	b.  A copy of DFAS response to Congresswoman on behalf of the applicant 
concerning his indebtedness with the Department of Defense.  It states in part that the 
applicant incurred a valid debt of $24,712.28, due to an overpayment of entitlements.  
(see attached).

	c.  A copy his indebtedness letter from DFAS, dated 3 May 2017 informing his they 
are responsible for collecting his individual debts owed to the United States Government 
by former DoD employees, service members, or other debtors.  It asks the applicant to 
pay his debt in full within 30 days from the date of the letter.  It also instructs the 
applicant of what could be done if he is unable to make full payment.  (see attached).

	d.  A copy of email correspondence between and the applicant where he is informing 
them that he believes he’s being paid as if he was still on active duty.  

	e.  A copy of orders 065-044 dated 10 April 2015, active duty for training (ADT) for 
the period 24 April 2015 – 25 November 2015 plus allowable travel time. 

	f.  A copy of Army National Guard annual statement to show the his service time in 
the Delayed Entry Program, Regular Army Service, Army National Guard Unit Member, 
Army National Guard Active Guard Reserve (AGR)

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

	a.  He had prior enlisted service in the Regular Army and joined the Army National 
Guard (AGR) on 15 May 2013 in the rank/grade of Specialist/E4.  

	b.  Based on demotion orders, #160-001, dated 8 June 2008, the applicant was 
demoted to Staff Sergeant (SSG)/E6, effective 6 June 2008.

	c.  Based on promotion orders, #292-020, dated 21 October 2008, the applicant was 
promoted to the Sergeant First Class (SFC)/E7 effective 7 October 2008.  

	d.  The applicant was discharged on 28 December 2016.  His DD Form 214 shows 
he had sufficient service for retirement and was discharged with an honorable 
characterization of service, under provisions of National Guard Regulation (NGR) 600-5, 
Chapter 6 (Separations).  He completed 15 years, 8 months and 19 days of active 
service.  

5.  On 2 July 2018, Case Management Division (CMD) Army Review Board Agency, 
acknowledge receipt of the applicants Application for Correction of Military Records.

6.  On 27 February 2020, CMD Army Review Board Agency requested an advisory 
opinion for recoupment of pay and allowances with a suspense of 30 March 2020.

7.  By regulation, Army Regulation (AR) 600-4 (Remission or Cancellation of 
Indebtedness), a soldier indebted to the U.S. Government may request that the debt be 
remitted or canceled on the basis of hardship, injustice, or both.

8.  In reaching its determination, the Board can consider the applicant’s petition and his 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined it 
could reach a fair and equitable decision in the case without a personal appearance by 
the applicant.

The Board also determined relief was not warranted.   Based upon the available 
documentation, the Board concluded there was insufficient evidence to show that he 
applicant’s DFAS debt was placed into effect in error; therefore, the Board concluded 
there was insufficient evidence of an error or injustice which would warrant a change to 
the applicant’s military pay 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.  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 Army Board for Correction of Military Records 
(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.  Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness), in effect 
at the time, provides policies and guidance for remission or cancellation of 
indebtedness to the U.S. Army.

	a.  Paragraph 1-12 states the regulation determines injustice and hardship based on 
the information received and considers factors such as:

*	the Army’s policy in the area of indebtedness to the U.S. Army
*	the soldier’s awareness of policy and procedures
*	the soldier’s monthly income and expenses
*	the soldier’s contribution to the indebtedness to the U.S. Army by not having 
the situation corrected 

	b.  Paragraph 1-13 states the application must contain evidence that the applicant 
did not know or could not have known of error and the applicant inquired of a proper 
authority and was told the payment was correct.

	c.  Chapter 1 of this regulation provides instructions for submitting and processing 
applications for remission or cancellation of indebtedness to the U.S. Army.  
Applications must be based on injustice, hardship, or both.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180008756


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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