ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  31 May 2019 
DOCKET NUMBER: AR20180014572

APPLICANT REQUESTS: Remission of debt paid as a result of recoupment of jump 
pay (hazardous duty incentive parachute pay (HDIP)).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Debt Remission Packet, which includes:

*	DA Form 3508 (Application  for Remission or Cancellation of Indebtness)
*	DA Form 2823 (Sworn Statement) dated 5 March 2018
*	Memorandums from chain of command
*	DA Form 1307 (Individual Jump Record)
*	Permanent Orders Number 164-009
*	Memorandum, Subject:  Budget Review for applicant, with budget review

*	DA Form 1574-1 (Report of Proceedings by Investigating Officer) dated 
9 November 2017
*	Leave and Earnings Statement
   *	Memorandum, Subject: Remission or Cancellation of Indebtness 
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 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:

*	on 21 May 2018, he received a memorandum stating that his application for 
cancellation of his debt in the amount of $2,175.00 had been reviewed and was 
partially approved for the amount of $543.75, leaving a balance of $1,631.25
*	he paid $1,5000 from the debt, but has been unable to file an appeal due to 
being deployed to Afghanistan



*	he’s requesting the remaining balance of $1631.75 be reevaluated and remitted, 
taking into account the results of the investigation that took place after the filing 
of his application for remission
*	in the investigation it is clear that the lapse of his airborne proficiency was the 
fault of jump log mismanagement, and not a conscious act to become delinquent

3.	On 15 March 2013, the applicant was awarded the parachutist badge upon 
completion of the Airborne Course. On 17 March 2013, an action to start jump pay 
(HDIP) was performed in the amount of $150.00 a month.

4.	The applicant provides:

*	sworn statement summarizing the events and discovery of the debt
*	memorandums for record wherein he was provided a waiver for minimum jump 
requirements due to deployments in a combat zone/hostile fire area for 21 March 
2014 to 5 July 2014, 30 August 2015 to 18 December 2015, and 1 July 2016 to 
15 August 2016
*	letter to Defense Finance and Accounting Services which states he was not 
entitled to Airborne HDIP for the months for the dates below:

March 2013
November 2013
April 2013
September 2016
May 2013
January 2017
June 2013
February 2017
July 2013
March 2017
August 2013
April 2017
September 2013
May 2017
October 2013


*	statements from various officers in his chain of command stating that:

*	his jump logs have been mismanaged by the unit jump log custodian since he 
was placed on jump status
*	an internal audit of the jump logs revealed the applicant was not current on 
jumps for 15 months, unbeknown to him
*	based on this information, they approved remission of his debt
*	they recommended any payments made by him to be suspended pending a 
decision by the US Army Human Resources Command (HRC)

*	jump logs for 17 March 2013 through 7 February 2018, with the jump log 
custodians’ initials
*	orders awarding parachute pay
*	letter from a financial counselor on behalf of the applicant regarding financial 
hardship from repaying the debt



*	report of investigation which found that “the records are in complete disarray due 
to Jump Log custodians not understanding the application of Rule 3 as stated in 
the Department of Defense 7000.14-R Financial Management Regulation […] 
Soldiers incurred the debts due to no fault of their own”
*	copies of his leave and earning statements for the pay periods covering 1 May 
2018 through 30 September 2018
*	HRC letter wherein he was informed that his application for remission of the debt 
was reviewed and was partially approved for $543.75. The review determined 
that no grounds exist to remit or cancel the remaining portion based on hardship 
and/or injustice.

5.	Please see applicable regulatory guidance below.

BOARD DISCUSSION:

1.	The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board discussed the applicant’s statement, the 
investigation outcome, administrative irregularities and the partial relief by HRC. The 
Board determined that an injustice had negatively impacted the applicant and that full 
remission of his debt was warranted.

2.	After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
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 full relief. As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by remission any 
remaining Airborne HDIP and returning to him any payments collected as a result as a 
result of this 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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:


1.	Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy), prescribes 
policies and procedures for military pay.  Chapter 10 (Other HDIPs), addresses HDIP 
for parachute duty. It states, to start of stop the entitlement of HDIP, the appropriate 
Finance office will use orders that are assigning or terminating the Soldier's assignment 
to perform parachute duty.

   a.	Continued entitlement is contingent on the actual performance of parachute duty. 
The unit commander will use DA Form 4730 to document performance of hazardous 
duty, or provide a statement signed by the commander or a commissioned officer 
attesting to the actual performance of such duty in the event blank forms are not 
available. The body of the form or statement may be modified as follows: "Except for 
soldiers named below, all personnel assigned to this unit who are authorized to perform 
(type) duty have met their duty performance for the (month)-grade, name, and SSN."




by:


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2.	AR 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, the debt was incurred while on active duty or in an active status, and the Soldier 
received an honorable discharge (if separated from active duty). Under Title 10, United 
States Code (USC), section 4837 a debt acknowledged as valid may be remitted or 
cancelled.  The applicant is currently serving.