AR20160004162

BOARD DATE: 19 May 2016

DOCKET NUMBER: AR20160004162

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x_____ __x______ ___x__ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 19 May 2016

DOCKET NUMBER: AR20160004162

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.

___________x______________
CHAIRPERSON

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.

BOARD DATE: 19 May 2016

DOCKET NUMBER: AR20160004162

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, reimbursement of a debt ($7,457.20) he paid based on receiving excess basic allowance for housing (BAH) funds during his move from Hawaii to Joint Base San Antonio (JBSA).

2. The applicant states:

* his permanent change of station (PCS) orders stated that he would be in a temporary duty (TDY) status from Hawaii to JBSA
* his TDY was to attend the Army Medical Department (AMEDD) Captains Career Course (CCC) from 18 March to 20 May 2015
* he proceeded and took 30 days of leave and permissive TDY (PTDY)
* his orders instructed him to sign into his unit on 20 June 2015, once he signed in finance officials told him he should have signed in prior to starting the course so that his BAH rate would change from Hawaii to San Antonio, his new permanent duty station
* he submitted a request for remission of his debt but it was disapproved
* when he inquired as to why it was denied, he was told he should have known better as an officer

3. The applicant provides:

* August 2015 Leave and Earnings Statement (LES)
* Request for remission waiver to finance
* Application for remission or cancellation of indebtedness
* PCS orders
* notification of indebtedness

CONSIDERATION OF EVIDENCE:

1. With prior enlisted service, the applicant accepted an appointment as a Regular Army Medical Services Corps Officer and executed an oath of office on 17 May 2009. He completed the AMEDD Basic Officer Leader Course (BOLC).

2. He served in Hawaii from September 2009 to February 2015, during which time he deployed to Iraq in 2011. He was promoted to captain in December 2012. When he was issued PCS orders in 2015, he was assigned to the Medical Company, Schofield Barracks, HI.

3. On 13 February 2015, Headquarters, Tripler Army Medical Center, Hawaii, published Orders 044-002 reassigning him to the U.S. AMEDD Center and School, Fort Sam Houston, TX, with a report date of 25 May 2015, with TDY at the same location from 19 March to 20 May 2015 to attend CCC.

4. On 7 August 2015, the JBSA Defense Military Pay Office notified him in writing of his indebtedness for overpayment of BAH from 18 March 2015 to 30June 2015. The total debt was $7,457.20. He received an explanation and was advised on the methods of payment. Additionally, his August 2015 LES shows a debt.

5. On 11 September 2015, he submitted an application for remission or cancellation of his indebtedness wherein he requested a remission waiver for his BAH debt incurred from 18 March 2015 thru 30 June 2015. He stated:

a. In February of 2015, he received orders to PCS to Fort Sam Houston, TX. His orders stated that he would be TDY enroute to attend the AMEDD CCC from 18 March 2015 through 20 May 2015. His orders then stated that he would sign into his unit on 20 June 2015. He left Hawaii on 6 March 2015. He also took 30 days of annual leave. He signed into his unit on 20June2015 as ordered and attended the finance briefing in 23 June 2015. At the finance briefing, he was informed he should have signed into his unit prior to attending the CCC. The finance clerk showed him the new All Army Activities (ALARACT) Message Number 26612014 dated December 2014 pertaining to BAH rates while permanently changing duty stations.

b. He spent the past 10 years of his career in Hawaii, so he had no idea of this change. He simply followed the directions of the orders that he received. While attending the CCC, he received his permanent assignment to the school as a BOLC Instructor. Prior to this, he did not have an assigned unit. After researching the ALARACT message, he found that “the issuance, review and approval of Active Component TDY Travel Training Orders and associated funding is the sole responsibility of the Soldiers’ command/orders issuing authority” to ensure that the orders contain the correct verbiage so that the Soldier can clearly know what they are supposed to do.

c. He informed his orders issuing authority in Hawaii that he had incurred a debt based on the wording of the orders that did not tell him to report to his unit first before stating TDY at the same location. Personnel at Hawaii did not respond. His debt causes him a major financial hardship. He had to take a loan out to pay the debt. He is also saving money so that he can travel to and from Colombia (South America) to see his daughter for the holidays. His debt is also an injustice because the orders issuing authority specifically stated he was TDY enroute to his new assignment with a report date of 20 June 2015. He simply followed the orders and for that reason he requests debt relief and reimbursement of monies paid.

6. It appears his request was denied though no evidence is present to show his request for remission of his debt was denied.

7. In the processing of this application, the staff obtained an advisory opinion from the Compensation and Entitlements Branch, Office of the Deputy Chief of Staff, G-1 on 5 April 2016. The opining official stated after a careful review of the facts surrounding the application, the official recommends denial of the applicant’s request. The applicant performed TDY at the same duty station he was assigned to upon completion of the training course. There is no provision or entitlement to receive per diem when one is also assigned permanently to the installation. Therefore, his BAH should have started at Fort Sam Houston, TX, upon reporting to the school and Hawaii BAH stopped. The Joint Travel Regulation, Chapter 10, paragraph 10416-A states that if a member performs TDY enroute at the new permanent duty station (PDS), BAH for the new PDS begins the day of arrival in a TDY status at the new PDS. The applicant’s BAH for Fort Sam Houston, TX, must start on 18 March 2015 or the date he reported to AMEDD CCC.

8. The applicant received a copy of this advisory opinion to provide him an opportunity to submit comments/rebuttal. He did not respond.

REFERENCES:

Joint Travel Regulation, Chapter 10 (Housing Allowance), Part E (Assignment Situations), Section 9 (members in Transit), paragraph 10416(A) Member in Transit) states a Transit housing allowance (BAH-T) is a temporary housing allowance paid while a member is in a travel or leave status between PDSs, provided the member is not assigned government quarters while at the old or new PDS. BAH-T continues during proceed time and authorized delays enroute, including TDY enroute. If the member performs TDY enroute at the new PDS, BAH for the new PDS begins the day of arrival in a “TDY” status at the new PDS.

DISCUSSION:

1. The applicant was scheduled for TDY at Fort Sam Houston, TX, which is also the same duty station he was ultimately assigned to upon completion of his training. As his TDY and assignment were the same duty station, he was not authorized per diem. By regulation his BAH for Hawaii should have been stopped and BAH for Fort Sam Houston, TX, initiated upon reporting to the school.

2. The Joint Travel Regulation states in Chapter 10 that if a member performs TDY enroute at the new permanent duty station, BAH for the new permanent duty station begins the day of arrival in a TDY status at the new duty station. By regulation, the applicant’s BAH for Fort Sam Houston, TX, started on 18 March 2015, or the date he reported to AMEDD CCC.

3. There is neither an error nor an injustice. The debt is valid and repayment action completed. As there is no error or an injustice, the applicant should not be reimbursed for his BAH debt.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004162

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004162

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2