IN THE CASE OF:  

		BOARD DATE:  9 December 2020

		DOCKET NUMBER:  AR20200007242


APPLICANT REQUESTS: Correction of his record to show cancellation/remission of a 
$213,392.84 debt.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
	States), dated 27 December 2017
*	Orders Number 040-364, dated 9 February 2018
*	Defense Finance and Accounting Service (DFAS) debt letter, dated 
	9 December 2019

FACTS:

1.  The applicant states in effect, the DFAS recoupment for his debt should be cancelled 
based on his service.

2.  A review of the applicant's official records shows the following:

	a.  The applicant's records are void of a separation packet pertaining to his U.S. 
Military Academy, West Point, separation, however, it does contain a DD Form 214 
(Certificate of Release or Discharge from Active Duty) that shows: 

		(1)  he entered active duty on 27 June 2011 as a U.S. Military Academy cadet.

		(2)  On 18 October 2016, the applicant was honorably released and ordered to 
active duty in another status by reason of conduct. 

	b.  On 27 December 2017, the applicant enlisted in the Regular Army for a period of 
3 years and 9 weeks and remains on active duty.

3.  The applicant provides:

	a.  Orders Number 040-364, issued by Headquarters, U.S. Army Garrison, Fort Sill, 
OK, on 9 February 2018, ordered the applicant to a permanent change of station.

	b.  DFAS debt letter, dated 9 December 2019, showing the applicant had a current 
debt of $213,392.84.

4.  On an undated memorandum, the Office of the Deputy Chief of Staff, G-1 reviewed 
the applicant's records and rendered an advisory opinion in his case.  After a thorough 
review, the Deputy Chief, Compensation and Entitlements Division opined that, after 
careful review of this case, they recommend the Board approve the applicant's request 
for debt relief in the amount of $213,566.93.  The applicant is currently serving on active 
duty since December 2017 with an expiration term of service of 28 February 2021.  His 
military service record confirms over 2 years and 9 months of completed active service 
in the U.S. Army.  Completion of this active service satisfies the debt established from 
the United States Military Academy.  He should be relieved of any debt that was 
established due to his military service.

5.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to respond and/or submit a rebuttal.  He did not respond.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted.  The Board carefully considered the applicants request, supporting 
documents, evidence in the records and the Office of the Deputy Chief of Staff, G-1 
advisory opinion.  The Board considered the applicants statement, his record of service, 
and regulatory guidance.  The Board considered the military records, documents 
provided by the applicant, and the review and conclusion of the advising official.  
The Board concurred with the advisory opinion finding the applicant is currently serving 
on active duty since December 2017.  The Board determined that completion of his 
active service satisfies the debt established from the United States Military Academy.  
Therefore, the Board granted relief of any debt that was established due to his military 
service. 
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

XXX	XX	XXX	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 records of the individual concerned be corrected by notifying DFAS that the 
applicant’s debt in the amount of $213,566.93 has been relieved that was established 
due to his military service, based on the Office of the Deputy Chief, Compensation and 
Entitlements Division advisory.


		  
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 600-4 (Remission or Cancellation of Indebtedness) provides policy 
and instructions for submitting and processing packets for remission or cancellation of 
indebtedness to the U.S. Army.  Requests for remission or cancellation of indebtedness 
must be based on injustice, hardship, or both.  A Soldier's debt to the U.S. Army may be 
remitted or canceled on the basis of this regulation in cases arising from debts incurred 
while serving on active duty or in an active status as a Soldier.

2.  The Secretary of a military department may correct any military record of the 
Secretary’s department when the Secretary considers it necessary to correct an error or 
remove an injustice.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200007242


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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