IN THE CASE OF: BOARD DATE: 14 September 2022 DOCKET NUMBER: AR20210017269 APPLICANT REQUESTS: remit or cancel one half of indebtedness for overpayment of $7,982.63 for base pay due to grade correction from 30 December 2020 to 30 June 2021. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Attorney's Letter * 9 x Defense Finance and Accounting (DFAS) Form 702 (Leave and Earnings Statement (LES)) * 14 x Email Correspondence * DA Form 5074-1-R (Record of Entry Grade Credit) * Regular Army Appointment Order * Memorandum, Subject: Notice of Indebtedness * Additional Information Regarding Debt * DA Form 3508 (Application for Remission or Cancellation of Indebtedness) * DA Form 2823 (Sworn Statement - Applicant) * 2 x Letters of Recommendation * Letter from the U.S. Army Human Resources Command (HRC) FACTS: 1. The applicant, through her attorney, states, in effect: a. She, in the rank/grade of second lieutenant (2LT) and has initiated this appeal pursuant to Title 10 United States Code (USC), section 1552 in response to a partial denial by HRC, on 21 October 2021, to remit or cancel one half of indebtedness of overpayment of $7,982.63 for base pay due to grade correction from 30 December 2020 to 30 June 2021. HRC did remit or cancel $3,991.32 of the debt; therefore, she requests the Board remit or cancel the remaining $3,991.31 based on an injustice. b. The applicant is an Army Clinical Dietitian at Brooke Army Medical Center in Fort Sam Houston, TX. She has been stationed there since direct commissioning on 30 December 2020. c. She joined the Army National Gard (ARNG) on 7 November 2014, as a Combat Medic (68W). She served in the North Dakota ARNG for three years and nine months. d. She joined the University of North Dakota (UND) Reserve Officers' Training Corps (ROTC) in 2016 and served in the simultaneous membership program (SMP). To sign a contract with ROTC, she needed to have at least two years left in school. e. In 2016, she was in her final year of her Bachelor of Science degree in Psychology and decided to apply for two programs to ensure that she would be able to secure a slot in ROTC. f. She submitted applications for the Coordinated Program in Dietetics at UND and for the Master of Arts in the Psychology Program at the Chicago School of Professional Psychology. She was accepted into both programs and contracted with ROTC using the Bachelor of Science in Dietetics as her degree program to commission from. g. She completed between 22 to 27 credits each semester in addition to working part time drilling with the ARNG and completing her 1,200-hour internship. She chose a non-scholarship when she contracted, but she asked to stay in the ARNG upon commissioning. She had a civilian job lined up in Jamestown, ND at the North Dakota State Psychiatric Hospital, where she was completing the final 500 hours of the dietetics internship. h. During the spring of 2018, she was notified that she had been selected for active duty and that her branch would be Adjutant General (AG). This did not make sense to her as she had requested to stay in the ARNG and did not have any background in human resources. i. Her ROTC Commander, ARNG Company Commander, a member of the North Dakota State Senate, and the Adjutant General for the North Dakota ARNG all wrote letters on her behalf, but her request was denied to stay in the ARNG. j. She graduated with her Bachelor of Science in Dietetics on 12 May 2018 and took the summer of 2018 off from her Master's program to attend the AG Basic Officer Leader Course. She began active duty on 15 May 2018 and served as the Brigade Strength Manager for her brigade in the 101st Airborne Division (Air Assault) from 26 August 2018 to 29 December 2020. k. She passed the registration examination for dietitians in December 2018. She completed her master's in psychology in December 2019. She applied for the Doctorate in Clinical Nutrition through Rutgers University in the Spring of 2020 and was notified of acceptance in April 2020. l. During late winter and early spring, she also began the process of becoming an Army Registered Dietitian. She reached out to multiple recruiters but received varied guidance. She eventually was put into contact with a recruiter that was a Registered Dietitian who helped her through the process. She found out she was selected for direct commission in the spring of 2020 and was provided a Statement for Commissioning Army Medical Department (AMEDD) Officer United States Army - Active Duty in late May 2020. It was at that time, she found out she had been assessed as a 2LT and that her master's degree had not been considered for constructive credit; however, it was interesting to note that the Rutgers doctoral program did utilize her master's degree due to the research she had done regarding nutrition and brain health as her prerequisite degree to enter the program. m. She reported to Fort Sam Houston, TX, on 30 December 2020. She went to the S-1 for in-processing on 4 January 2021 because they were closed on 30 December 2020. She asked about taking an Oath of Office, but she was asked if she was already an officer, to which she replied she was. The clerk then stated, she did not need to take the Oath of Office again, which surprised her, but she reverted back to a line in the statement for commissioning, which stated she would commission in the rank of 2LT upon arrival. At that point, she assumed that signing in and in-processing would generate the correct rank; however, this was incorrect. n. In January 2021, she noticed she was being paid as a first lieutenant (1LT). On 19 January 2021, she was notified of eligibility for a fully qualified captain (CPT) board. She reached out to HRC on multiple occasions for assistance in updating her active date of rank (ADOR), area of concentration (AOC), and board file. At that time her ADOR to 1LT as an AG officer was 26 November 2019. o. The employees at HRC were teleworking, at the time, and communication was sporadic, with up to one month in between replies between January and May 2021, at which time, she was finally able to contact a Colonel to help resolve her issue. p. On 19 January 2021, she telephoned and emailed CPT S_ G_, Future Readiness Officer, HRC, and asked for assistance with her board file. q. She took ordinary leave from 20 January to 26 January 2021 and Permissive Temporary Duty from 27 January to 5 February 2021 to close on her new house and to drive back to Tennessee and pick up her husband and to move their household good. r. On 8 February 2021, she emailed Major (MAJ) S_ B_, career manager, and asked for assistance in updating her AOC because her CPT Board was scheduled in March. She received an out of office reply, at which point she emailed CPT S_ G_ and Ms. G_ and asked for a return phone call because she knew they were teleworking and would not answer their work phones. No one responded. On 11 February 2021, she emailed the two again and no one responded. On 19 February 2021, she re-emailed the two and copied MAJ B_. The civilian responded and told the applicant she had fixed her AOC. The applicant thought this would correct her rank, which would in turn correct her pay. s. In March, when she received pay at the 1LT rate, she assumed the pay was correct because she was due for automatic promotion to 1LT in March; however, when reviewing her officer record brief (ORB), she saw that her ADOR was still 26 November 2019, which was her date of rank (DOR) for 1LT as an AG officer. t. She made several phone calls to HRC in early April, but no one called her back. On 27 April 2021, she emailed CPT G_ and Ms. G_ and requested assistance in updating her ADOR on her ORB because she had since determined she had not been promoted to 1LT so the ADOR was wrong. CPT G_ responded on the same date with brief instruction on how to adjust her ADOR. u. Due to the time-sensitive nature of this issue, she reached out to her acting company commander, who had also direct commissioned after serving as a commissioned officer and experienced the exact problem with her ADOR. The commander provided the applicant with the complete list of documents for ADOR corrections. She also provided the phone number for a civilian who dealt with DOR Determinations at HRC who ultimately reviewed ADOR packet submissions. v. On 18 May 2021, the applicant emailed Mr. O_ to verify the packet requirements because she wanted to ensure the package was completed and she had all the required documents. He called her back the same day to go over the required documents. At that time, the applicant realized she was missing the DA Form 5074-1-R. Mr. O_ advised her to reach out to her unit S-1 who directed her to contact G-1 ROTC Accessions, who instructed her to reach out to her first commissioning source, which was UND ROTC. None of those contacts were able to assist her because she had not needed to complete further education in order to direct commission into the Medical Specialty Corps. w. She was directed to contact Mr. K_ R_, Supervisor AMEDD Military Education, HRC and Mr. P_ H_, the Leader Development Branch, HRC who then directed her back to her branch manager. On 21 May 2021, she called each number listed for the Specialty Corps on the HRC website until COL K_ who was the Health Services Division Chief, HRC reached out to her team to provide the applicant immediate assistance. The COL was apologetic and assured the applicant she would direct her team to do everything they could to correct the problems. x. On 23 May 2021, Ms. G_ contacted her to review the situation. MAJ A_ K_, the Specialty Branch 65D Career Manager, HRC and CPT G_, also contacted the applicant. On 24 May 2021, she was emailed the DA Form 5074-1-R that was dated and signed on 24 May 2021. Ms. G_ emailed the applicant and requested the applicant's most recent DA Form 71, so it could be sent to the promotions branch. The applicant stated she had not been administered an Oath of Office nor was she provided the form upon direct commissioning. The applicant was advised to have an officer in her unit administer the Oath of Office and date it, 30 December 2020. She did as she was advised and sent the completed DA Form 71, on 24 May 2021. y. She tirelessly worked to complete the ADOR package and on 8 June 2021, she submitted the packet to the HRC date of rank determinations email address. On 25 June 2021, Mr. O_ notified her that he was unable to process her ADOR packet due to a missing Regular Army Appointment Memorandum. The applicant was on leave, at this time, and did not see the email until she returned from leave on 6 July 2021. She notified Ms. G_ on 6 July 2021 that she was missing the Regular Army Appointment Memorandum. On 7 July 2021, Ms. G_ emailed the applicant the missing memorandum dated and signed on 7 July 2021. z. On 13 July 2021, Mr. O_ notified the applicant via email that she did not pull into the correct SP 1LT appointment scroll that was sent to the Secretary of Defense quarterly. He went on to state he would add her to the next quarter scroll, which was Fiscal Year (FY) 22 3rd Quarter 1LT SP scroll and she must wait until April 2022 to receive promotion orders to 1LT, which would be retroactive, including back pay to 8 March 2021. aa. On 23 July 2021, the applicant telephone MAJ S_ G_, 65A/B/C Career Manager, to discuss how to move forward and to ask how her rank adjustment would affect upcoming evaluations and future promotion boards. The MAJ advised her to contact finance with all pertinent paperwork and request a pay deferment. On 23 July 2021, she went to the Fort Sam Houston Finance Office and went over her pay issues. Finance representatives explained they were aware of the issue and they would be sending out a debt letter shortly. bb. On 5 August 2021, the applicant was notified she owed $7,982.63 for overpayment due to base pay to grade correction from 30 December 2020 to 30 June 2021. All of the emails the attorney referenced are attached for the Board's consideration. cc. HRC Committed a clear injustice in this case by its deliberate inattention that could have been corrected months earlier when the applicant began contacting HRC and requesting assistance. Her attempts to correct the various problems were delayed due to the untimely and incomplete guidance by HRC personnel. dd. The applicant acted with due diligence and in good faith in attempting to correct her records and pay; however, not until she contacted the Division Chief/COL did HRC personnel correctly advise and act upon her case. ee. Not only has the debt occurred, but her promotion back to 1LT will have been delayed by over a year, when she finally gets promoted, which places her in a new year group, and in turn, causes a delay for all future promotions and pay raises. 2. The applicant's service records contain the following documents for the Board's consideration: a. On 7 November 2014, the applicant completed a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) enlisted in the ARNG for a period of 8 years. b. On 22 April 2016, orders were published promoting the Applicant to the rank/grade of sergeant (SGT)/E-5, effective 10 March 2016. She was appointed as an SMP Cadet. c. On 21 April 2017, the applicant completed DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) extending her enlistment for a period of 1 month and 6 days. d. On 19 March 2018, Orders Number 78-007 issued by Headquarters, U.S. Army cadet Command were published, assessing the applicant into the AG Corps, she was ordered to active duty with a reporting date of 28 August 2018. She was reporting to Basic Officer Leader Course in the rank of 2LT. e. On 11 May 2018, the applicant was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service), which shows she had completed 3 years, 6 months, and 5 days of net service this period. She was honorably discharged for appointment as a commissioned or warrant officer. f. On 12 May 2018, she completed a DA Form 71 (Oath of Office - Military Personnel) taking the oath of office as a Reserve commissioned officer in the rank of 2LT. On 15 May 2018, she completed a DA Form 71, taking the oath of office in the Regular Army AG Corps, in the rank of 2LT. g. On 5 September 2018, she was issued a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), which calculates her length of service for pay purposes. The entire form is available for the Board's review. h. On 29 January 2020, the applicant completed a DA Form 61 (Application for Appointment), wherein she was requesting appointment as a commissioned officer - Regular Army in SP Corps in the specialty of 65C (Dietitian). i. On 19 May 2020, the applicant completed a memorandum for Healthcare Service Directorate, subject: Letter of Intent, which states in effect: (1) The applicant understood she had been selected and officially approved for Regular Army accession onto active duty. She understood that she could not commission prior to arrival at the Direct Commission Course or first duty station and would not be discharged from her current service prior to reporting. (2) The purpose of the memorandum was to verify that she intended to accept her appointment into the Regular Army Medical Specialist Corps in the AOC of 65C and would receive the Oath of Commission as soon as possible. (3) She further understood she must continue to be mentally, morally, and physically qualified in order to receive an offer of appointment and to take the Oath of Commission when authorized. (4) The applicant and a CPT, SP, Recruiter signed the memorandum. j. On 30 December 2020, the applicant completed a DA Form 71 showing she commissioned in the Regular Army Army Medical Specialist Corps in the rank of 2LT. k. On 24 May 2021, a DA Form 5074-1-R was completed showing the applicant was given entry grade credit in the rank of 2LT. l. On 7 July 2021, Orders Number 0721-188-SG07-01 issued by HRC was published stating the applicant was appointed in the Regular Army Medical Specialist Corps in the grade of 2LT. The effective date of this Regular Army appointment is on the execution of the oath of office. m. On 17 March 2022, Orders Number 076-005 issued by HRC was published promoting the applicant to 1LT, effective on with a date of rank of 8 March 2021. 3. The applicant provides the following documents for the Board's consideration: a. LES, from 1 December 2020 through 31 August 2021, showing her total amount of indebtedness and monthly payment. Her rank is reflected as 1LT through June 2021 and then adjusted to 2LT beginning July 2021. The LES for each month is available for the Board's consideration. b. Email traffic, wherein the applicant was notified of her CPT Board and her contacting HRC requesting assistance in adjusting her ADOR and assistance with her CPT board file. The complete email traffic is available for the Board's review. c. An email, from S_ G_ requesting the applicant's Regular Army Appointment Order from AMEDD Accessions, and a second e-mail with the applicant's Regular Army Appointment Order attached. The complete email traffic is available for the Board's consideration. d. An email from MAJ S_ G_, regarding the applicant's scroll for promotion to 1LT, which would not be available until April 2022. At that time, the applicant would get her promotions orders to 1LT and any back pay from the date of rank. The complete email traffic is available for the Board's consideration. e. Memorandum, Subject: Notice of Indebtedness dated 4 August 2021, wherein the applicant was informed of her debt. She disagreed with the debt and requested remission or cancellation. She would contact the Fort Sam Houston Army Military Pay Office prior to the suspense date to dispute the debt. The memorandum included additional information that may concern the collection of her debt. f. The applicant completed a DA Form 3508. She included a DA Form 2823 with the DA Form 3508, which was summarized in her attorney's request for relief. The entire sworn statement is available for the Board's consideration. g. On 1 October 2021, the applicant's battalion commander wrote a Letter of Recommendation, which states, in effect, the commander recommended the applicant's indebtedness of $7,982.63 be completely remitted or cancelled. It was in the best interest of the Army when taking into consideration the facts and circumstances surrounding the errors in the applicant's ADOR, promotion to 1LT, and ultimately resulted in overpayment of base pay and delaying her promotion from 8 March 2021 to April 2022. The applicant acted with due diligence in her attempts to correct her ADOR and base pay. The many factors that delayed correction of her base pay was completely out of her control, but due to the untimely and incomplete responses of HRC personnel. As a result, an injustice had occurred and would continue occurring into 2022. This should not be attributed to the detriment of the applicant. h. A letter of recommendation, from the applicant's company commander, dated 1 October 2021, which reiterates the information provided in counsels opening statement to the Board. i. On 21 October 2021, the Chief, Special Actions Branch, HRC, signed a memorandum to the applicant regarding her request for remission or cancellation of indebtedness, which states in effect: (1) The application for remission or cancellation of indebtedness for the applicant in the amount of $7,982.63 has been reviewed and partially approved for $3,991.32. The review determined that no grounds exist to remit or cancel the remaining portion based on hardship and/or injustice. The applicant needed to contact the local finance officer for repayment of the remaining balance. (2) The applicant could apply to the Board for further review, if she felt an injustice occurred. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Chief, Special Actions Branch, HRC advisory opinion, the Board determined concurred with the advising official finding no grounds exist to remit or cancel the remaining portion based on hardship and/or injustice. The Board considered the due diligence of the applicant seeking to correct her ADOR. However, the Board found the advising official review of the applicant’s complete record and timeline of processing issues with regards to her remission of the indebtedness to be accurate. The Board found that remit or cancellation of one half of indebtedness for overpayment of $7,982.63 for base pay due to grade correction from 30 December 2020 to 30 June 2021 is without merit and denied relief. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCE: Army Regulation 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10, United States Code (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. Debts that may be remitted or canceled are: * Payments made in error to a Soldier * Payments made in excess of an allowance on behalf of a Soldier * Debts incurred while serving on active duty or in an active status as a Soldier * Debts acknowledged as valid * Debts for which and appeal has been denied * Debts for which a waiver has been denied //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017269 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1