IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20190014413 APPLICANT REQUESTS: debt remission resulting from overpayment of Basic Allowance for Subsistence (BAS) and Cost of Living Allowances (COLA) entitlements. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR) – Letter of Recommendation for Debt Forgiveness dated 27 September 2019 * MFR – Approval of Debt Forgiveness dated 1 October 2019 * MFR – Debt Remission Packet Information dated 9 October 2019 * MFR – Legal Review – Request for Debt Remission dated 10 October 2019 * MFR – Remission or Cancellation of Indebtedness dated 30 October 2019 * DA Form 3508 (Application for Remission or Cancelation of Indebtedness) dated 12 November 2019 FACTS: 1. The applicant states that she only received partial approval of the $3,674.09 debt resulting from BAS and COLA overpayment. Only $2,755.57 of this debt was approved resulting in a remaining balance of $918.52. On 14 December 2018 she inprocessed with her gaining unit from Fort Shafter. While at her previous assignment, she was entitled to BAS and COLA due to the absence of a dining facility on the installation. During her inprocessing, her entitlement to BAS and COLA was addressed. In June, upon review of her Leave and Earnings Statement, she noticed that her COLA had been changed or terminated. She contests that the appropriate paperwork was completed and submitted in June to stop her BAS entitlement and to change her COLA; however, this action was not processed correctly. After her resubmission, she was never advised that there were any errors until September 2019. She completed a request for personnel action (DA Form 4187), obtained her commander’s signature prior to resubmitting it on 22 October 2019. She then received a final decision via email on 30 October 2019 providing that if she wanted to contest the decision, she would need to reply prior to 4 November 2019. Her assigned unit was off from 31 October through the 1st of November. She was on recovery from duty on the 4th of November 2019. 2. A review of the applicant’s available service records reflects the following: a. On 23 August 2016 she enlisted in the United States Army Reserve (USAR). b. On 19 September 2016 she enlisted in the Regular Army. c. On 20 March 2017 (Order# 079-00542) she was reassigned from Fort Lee, Virginia to Fort Shafter, Hawaii effective 24 April 2017. d. On 13 December 2018 she completed DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) recertifying her current entitlements; single with no dependents. This document further indicates Schofield Barracks, Hawaii as her duty location. e. On 17 January 2020 (Order# 017-0017) she was reassigned to the United States Army Transition Point, Schofield Barracks, Hawaii effective 14 February 2020 pending discharge from the Army. f. On 25 March 2020 she was honorably discharged from active duty and transferred into the Individual Ready Reserve (IRR). 3. The applicant provides the following: a. Memorandum for Record (MFR) – Letter of Recommendation for Debt Forgiveness dated 27 September 2019 reflective of her Battalion Commander recommending approval of her request for debt forgiveness citing that she had followed all regulatory guidance and made repeated attempts to address the issue concerning her pay entitlements. b. MFR – Approval of Debt Forgiveness dated 1 October 2019 reflective of her Brigade Commander’s recommendation for complete debt remission of the entire amount totaling $3,674.09. c. MFR – Debt Remission Packet Information dated 9 October 2019 reflective of the same information in her opening statement regarding the previous actions taken and the applicable timeline involved. d. MFR – Legal Review – Request for Debt Remission dated 10 October 2019 reflective of the legal review of the applicant’s request for debt remission as authorized under 5 United States Code (U.S.C.) 5584, Title 10 U.S.C. 4837/6161/9837 and Department of Defense (DOD) Finance Management Regulation (FMR) 7000.14-R Chapter 4 wherein it provides that the Special Court Martial Convening Authority (SPCMCA) may lawfully recommend waiver or remission of all or part of an incurred debt. Cited within is the provision that a waiver of debt collection may be granted when the collection of such debt would be against equity and good conscious and further not in the best interest of the United States. Counsel posed no legal objection to the applicant’s request nor the command’s recommendation for approval. e. MFR – Remission or Cancellation of Indebtedness dated 30 October 2019 reflective of the United States Army Human Resources Command (HRC) granting partial approval of the applicant’s request for debt remission in the amount of $2,755.57. Review determined that there were no grounds to remit or cancel the remaining portion based upon hardship or injustice. She was further advised to contact the local finance office for repayment of the remaining balance of $918.52. f. DA Form 3508 (Application for Remission or Cancelation of Indebtedness) dated 12 November 2019 reflective of her request for debt remission based upon both hardship and injustice. This document further indicates that the debt incurred on 14 December 2018 and was related to both COLA and BAS. 4. The applicant did not provide nor does a review of her available personnel records reflect a DA Form 5960 or DA Form 4187 pertaining to her request to stop/change her entitlements to BAH or COLA. Her records are also void of orders related to her reassignment from Fort Shafter, Hawaii to Schofield Barracks, Hawaii prior to her pending separation orders. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After careful consideration of the complete evidentiary record, including the applicant’s statement, the board found insufficient evidence to grant relief. The applicant’s contentions that she should be relieved of the remaining debt of $$918.52 for injustice or hardship, is not supported by the evidence. Upon her arrival at Schofield Barracks in December 2018, the applicant states that she discussed that her BAS and COLA payments would stop. The applicant states that she noticed that the debt had not been corrected in June 2019. At that point, the applicant knew she was not entitled to the BAS or COLA and would need to repay it. Therefore, there is no basis to grant relief for the remaining portion of the debt. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. Army Regulation (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. 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. 2. Title 10 United States Code (U.S.C.) 4837 (Settlement of Accounts: Remission or Cancellation of Indebtedness of Members) provides that the Secretary of the Army may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Army, but only if the Secretary considers such action to be in the best interest of the United States. 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014413 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1