IN THE CASE OF: 

		BOARD DATE: 3 January 2024

		DOCKET NUMBER: AR20230006721


APPLICANT REQUESTS: reimbursement of monies paid for a debt incurred for 
overpayment of travel entitlements in the amount of $4,923.41. A personal appearance 
before the Board.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from U.S. Department of the Treasury

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b); however, the Army Board for Correction of Military Records 
(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, he would like the debt of $4,923.41 that was withheld 
by the Internal Revenue Service (IRS) refunded. He is being told by the Defense 
Finance Accounting Service (DFAS) that the debt occurred on 15 October 2014 for a 
Permanent Change of Station (PCS) move. He did not PCS. He separated from the 
service on 3 November 2014. He never received any notice of this debt since or before 
he separated. 

3.  The applicant's service record contains the following documents:

   a.	On 11 July 2000, the applicant enlisted in the Regular Army and had continuous 
service until his medical separation. 

	b.  DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 
3 September 2014 shows the PEB found the applicant physically unfit and 
recommended a rating of 10 percent and separation with severance pay. The applicant 
concurred with the findings and waived a formal hearing. 

	c.  On 30 September 2014, Orders Number 273-2211 issued by Headquarters, 
United States Army Garrison, Fort Benning, reassigned the applicant to the transition 
point pending discharge from active duty.

   d.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the 
applicant was honorably discharged on 3 November 2014 for disability, severance pay, 
non-combat (enhanced). 

	e.  Enlisted Record Brief, dated 4 November 2014, shows the applicant's duty 
stations as Fort Stewart, beginning on 17 January 2001; Fort Leonard Wood, beginning 
on 27 July 2009; and Fort Benning, beginning on 10 September 2011.

4.  The applicant provides a letter from U.S. Department of the Treasury, dated 
13 March 2023 which states the U.S. Department of the Treasury applied all or part of 
the applicant's payment to a delinquent debt he owed. Original payment was $8,842.00. 
The IRS applied the payment to his debt owed to DFAS and $4,923.41 was applied to 
the debt. 

5.  On 15 September 2023, DFAS replied to an Army Review Boards Agency request 
regarding the applicant's debt. DFAS stated the applicant had an original debt amount 
of $4,939.35. The debt was due to overpayment of travel entitlements or non-settlement 
of a travel advance that the applicant received prior to separation.


BOARD DISCUSSION:

1.  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 DFAS correspondence email, the Board concurred with the correspondence stating 
the applicant incurred a debt for overpayment of travel entitlements or non-settlement of 
a travel advance that the applicant received prior to separation.  The applicant provided 
insufficient evidence that demonstrated an error or injustice in the payment to DFAS by 
the internal revenue service.  Based on the lack of evidence in the record supporting the 
applicant’s contentions, the Board denied relief.

2.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

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 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-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) states a 
Soldier's debt may be remitted or cancelled in cases arising from debts incurred while 
serving on active duty or in an active status as a Soldier, and debts acknowledged as 
valid.

3.  Title 10, USC, section 7837 (Settlement of accounts: remission or cancellation of 
indebtedness of members) states, 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 as a member 
of the Army, whether as a Regular or a Reserve in active status, but only if the 
Secretary considers such action to be in the best interest of the United States.

4.  Title 31, USC, section 3702, also known as the Barring Statute, prohibits the 
payment of a claim against the Government unless the claim has been received by the 
Comptroller General within 6 years after the claim accrues.  Among the important public 
policy considerations behind statutes of limitations, including the 6-year limitation for 
filing claims contained in this section of Title 31, USC, is relieving the Government of the 
need to retain, access, and review old records for the purpose of settling stale claims, 
which are often difficult to prove or disprove.

5.  AR15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions. Additionally, it 
states in paragraph 2-11 that applicants do not have a right to a hearing before the 
ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230006721


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1