IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230008058 APPLICANT REQUESTS: remission or cancellation of indebtedness in the amount of $1,190.13 for excess leave. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Leave and Earnings Statement (LES) for check dated 15 March 2018 * Headquarters (HQs), U.S. Army Garrison, Fort Bliss Orders Number 218-0530 * DA Form 31 (Request and Authority for Leave) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * Defense Finance and Accounting Service Military LES for check dated 30 August 2019 * Defense Joint Military Pay System-Reserve Component (DJMS-RC) LES for check dated 30 August 2019 * DJMS-RC LES for check dated 13 September 2019 * DJMS-RC LES for check dated 1 October 2019 * DJMA-RC LES for check dated 21 November 2019 * DJMS-RC LES for check dated 29 November 2019 * DJMS-RC LES for check dated 4 December 2019 * DJMS-RC LES for check dated 19 December 2019 * Defense Finance and Accounting Service (DFAS) statement of indebtedness 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, she requests the remission or cancellation of indebtedness due to excess leave for the period of 7 through 16 September 2019 in the amount of $1,190.13. She should have had 4.5-days of leave rolled over from her time on active duty in 2018 prior to her mobilization during 2018 through 2019 which would have covered this period of leave when combined with her accrued leave. This error should be corrected because she had enough leave accrued to cover this period of time while she was in transition from her mobilization. 3. A review of the applicant's service record shows: a. The applicant enlisted in the Army National Guard (ARNG) on 5 January 2017. b. On 8 August 2018, Orders Number 37-220-0065, issued by the State of Ohio Adjutant General's Department, the applicant was ordered to active duty in support of Operation Noble Eagle, effective 26 September 2018. c. The applicant was honorably released from active duty on 15 September 2019. DD Form 214 shows the applicant completed 11-months and 20-days of active duty. It also shows in item 16 (Days Accrued Leave Paid): 0. The DD Form 214 was completed and signed by the applicant on 6 August 2019. d. On 22 November 2019, Orders Number 326-992, issued by the State of Ohio Adjutant General's Department, the applicant was assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement), effective 4 January 2020, for completion of three or 4-years ready reserve service. e. The applicant was honorably released from the ARNG and assigned to the USAR Control Group (Reinforcement) effective 4 January 2020 for completion of 5-years remaining statutory military service obligation. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant completed 3-years of service. 4. The applicant provides: a. LES for check dated 15 March 2018 which shows the applicant had 3.5-days leave balance, 1-day of leave earned with a current balance of 4.5-days of accrued leave and 4.5-days of use or lose leave. b. HQs, U.S. Army Garrison, Fort Bliss Orders Number 218-0530 shows the applicant was released from active duty for contingency Operation Noble Eagle on 16 September 2019. c. DA Form 31 dated 8 August 2019 shows the applicant had 31-days of accrued leave, requested 34-days and advanced 3-days of leave for the period of 10 August through 16 September 2019. Item 17 (Remarks) shows the applicant: * traveled on 10 August 2019 * duty at home station on 11 August 2019 * attended Yellow Ribbon during the period of 12 through 13 August 2019 * chargeable leave during the period of 14 August through 16 September 2019 a total of 34-days d. DD Form 215 which corrected the DD Form 214 for the period ending on 15 September 2019, item 12b (Separation Date this Period) to show 16 September 2019 and item 12c (Net Active Service this Period) to show 11 months and 21 days. e. LES for check dated 30 August 2019 which shows the applicant had 25.5-days leave balance, 2.5-days leave earned with a current balance of 28-days of leave and 30.5-days of use or lose leave. f. DJMS-RC LES for check dated 13 September 2019 which shows the applicant had 23.5-days leave balance, 1.5-days leave earned with a current balance of 25-days of leave and 25-days of use or lose. It also shows in the remarks the applicant was released from active duty on 16 September 2019 and rolled over 4.5-days of leave. g. DJMS-RC LES for check dated 1 October 2019 which shows the applicant had 23.5-days leave balance, 1.5-days earned with a current balance of 25-days of leave and 25-days of use or lose leave. h. DJMS-RC LES for check dated 21 November 2019 which shows the applicant had 25-days leave balance, zero days leave earned with a current balance of 25-days of leave and 25-dyas of use or lose leave. It also shows in the remarks the applicant had a $7.00 debt for Service Members Group Life Insurance which was deducted from her pay to cover the debt. i. DJMS-RC LES for check dated 29 November 2019 which shows the applicant had a zero leave balance, zero days leave earned with a current balance of zero days leave and zero days of use or lose leave. It also shows in the remarks the applicant was charged for leave during the period of 14 August through 16 September 2019. j. DJMS-RC LES for check dated 4 December 2019 which shows the applicant had a zero leave balance, zero days leave earned with a current balance of zero days leave and zero days of use or lose leave. It also shows in the remarks the applicant had a debt for: * basic pay debt balance of $769.00, original debt $769.00 for 7 through 16 September 2019 * pay and allowance debt balance of $421.13, original debt $421.13 for 7 through 16 September 2019 * excess leave penalty taxable debt balance of $76.90, original debt $76.90 for 16 September 2019 * excess leave penalty non-taxable debt balance of $42.11, original debt $42.11 16 September 2019 * unpaid debt balance total $1,309.14 * original debt $769.00 suspended contact servicing finance office for details * original debt $421.13 suspended contact servicing finance office for details k. DJMS-RC LES for check dated 19 December 2019 which shows the applicant had a zero leave balance, zero days leave earned with a current balance of zero days leave and zero days of use or lose leave. A debt payment in the amount of $119.01 was deducted from the applicant's pay. It also shows in the remarks the applicant had a debt for: * basic pay debt balance of $769.00, original debt $769.00 for 7 through 16 September 2019 * pay and allowance debt balance of $421.13, original debt $421.13 for 7 through 16 September 2019 * excess leave penalty taxable debt balance of $76.90, original debt $76.90 for * 16 September 2019 * excess leave penalty non-taxable debt balance of $42.11, original debt $42.11 * 16 September 2019 * unpaid debt balance total $1,190.13 l. DFAS indebtedness statement dated 18 January 2023 which shows the applicant had a debt balance in the amount of $1,197.13. The reason for the debt of $7.00 was for the collection of Service Members Group Life Insurance premiums paid on her behalf. The premiums were paid because she has an active payroll account that was not separated until recently by her prior unit/finance office. It also states explanations for debt reasons was continued on another page. However, the applicant did not provide additional pages. 5. On 30 November 2023, in the processing of this case, Defense Finance and Accounting Service advised the applicant had two debts which interfaced on 25 April 2020. The total amount of the debt was $1,190.13 for excess leave during the period of 7 through 16 September 2019. The applicant's current balance is $661.91. 6. On 29 September 2023, in the processing of this case, the Office of the Deputy Chief of Staff G-1, provided an advisory opinion regarding the applicant's request for the remission or cancellation of her indebtedness. The advisory official stated the U. S. Property and Fiscal Office Ohio input the excess leave for the period of 7 through 16 September 2019. The applicant would have to obtain proof from that office the leave period was erroneous. Then she must submit the revised documents to DFAS showing the erroneous charge of excess leave. 7. On 6 October 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. She did not respond. 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 Office of the Deputy Chief of Staff G-1, Compensation and Entitlements Division advisory opinion, the Board concurred with the advising official recommendation for disapproval, finding the applicant needs to provide proof from the U.S. Property and Fiscal Office (USPFO) that verifies the contested leave period is erroneous. The noted the onus is on the applicant to submit her documentation to DFAS showing an erroneous charge of excess leave. Based on the advising official recommendation, the Board agreed there is insufficient evidence to support the contentions for remission or cancellation of indebtedness in the amount of $1,190.13 for excess leave by the applicant. Therefore, the Board 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. 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) 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 based on this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 3. Department of Defense Financial Management Regulation 7000.14-R, Volume 7a (Military Pay Policy – Active Duty and Reserve Duty), prescribes the criteria for determining creditable service for military members; provides examples for computing valid creditable service; states periods of service that are not creditable for pay purposes; cites conditions for the payment of military pay entitlements; explains the computation of leave and conditions for leave accrual; and provides for situations where enlistments are not valid. Table 1-2 (Absence from Duty in Enlisted Status), rule 1 states authorized leave or authorized excess leave is a creditable period of service. Table 1-11 (Authorized Absence – Effect on Pay and Allowances), rule 1 states a member is absent from duty on authorized leave is entitled to otherwise proper credit of full pay and allowances during the period of absence and the period is charged as leave. Rule 5 states a member is absent from duty on excess leave is not entitled to pay and allowances and the period of absence is not chargeable to accrued leave. Note 6 of table 1-11 states a member does not accrue leave during periods of excess leave (here referred to as "nonaccrual"). Computation of the number of days involved in an excess leave balance, which accounts for this nonaccrual may result in a total which includes a fraction. Effective with leave taken on or after 1 February 1987, the total is not rounded to eliminate the fraction when pay and allowances are collected for excess leave. The fractional one-half day is considered to occur on the first day of the excess leave involved. Collect pay and allowances for the number of days, to include fractional days. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230008058 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1