PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 May 1999  
	DOCKET NUMBER:   AR1998013877

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his indebtedness to the U.S. Government of $251.19, due to inactive duty training (IDT) performed while he was assigned to the Retired Reserve, be canceled.

3.  The applicant states that he performed drill on 12 and 13 July 1997 as scheduled.  He did not receive the orders assigning him to the Retired Reserve until 22 July 1997. 

4.  The applicant’s military records show that he was inducted into the Army on 19 January 1971.  He was separated on 18 January 1973 and entered the U. S. Army Reserve.  

5.  On 12 and 13 July 1997, the applicant attended inactive duty training in accordance with orders.

6.  On 22 July 1997, orders were published reassigning the applicant to the Retired Reserve, effective 30 June 1997, for attaining his maximum length of service.

7.  On an unknown date, the Defense Finance and Accounting Service (DFAS) charged the applicant with a debt of $251.19 for pay received for IDT attendance during a period he was no longer in the active Reserve.  As of 19 May 1999, DFAS still showed this as a debt.

CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.  The applicant attended his IDT on 12 and 13 July 1997 in good faith that he was following orders, earning the pay he thus received.  Even though his reassignment to the Retired Reserve was effective 30 June 1997, those orders were not even published until 22 July 1997, 9 days after he completed his IDT.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by canceling the debt charged against him for attending IDT during a period he was effectively assigned to the Retired Reserve.

BOARD VOTE:  

__MDM__  __AAO__  __BJE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR199813877	
SUFFIX		
RECON		
DATE BOARDED	19990526	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.