PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 June 1999                  
	DOCKET NUMBER:   AC98-09427
                                              AR1998000783

	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	
	Mr. Richard H. Allen 		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon. 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. James P. Steuve 		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 payment of all medical bills and back pay up until the date that she was actually discharged from the Army.  

3.  The applicant states, in essence, that the Army forgot about her.  She was never released from basic combat training (BCT) and also was never ordered to report for Advanced Individual Training (AIT).  She and her counsel provide detailed statements, dated 30 June and 2 July 1998 respectively, which essentially relate that the applicant, a member of the Illinois Army National Guard (ILARNG), was ordered to Fort Jackson, South Carolina, for her BCT in July 1995.  She completed the course in September, and was ordered to return home by authorities at Fort Jackson because she had not completed high school.  She would receive further instructions from the ILARNG.  (Note:  She claims she needed only .5 credit for her diploma.)

4.  She heard nothing further, and after a year she contacted the ILARNG.  These officials told her that she should have gone directly to AIT after BCT.  She then was ordered back to Fort Jackson by the ILARNG, but found she was pregnant (she had married between 1995 and 1996).  She was deferred until after the pregnancy and was told the Army would cover her medical bills.  She had a miscarriage and turned her bills, and her husband’s medical bills as instructed, into officials at the ILARNG.  These bills were apparently sent to Fort Jackson, and were returned.  She thought they had been paid, but they were not. She now has been sued in civil court for non-payment of the medical bills.  The bills totaled in excess of $4831.21 (plus interest and court costs) as of 1 April 1998.  

5.  She next turned to the ILARNG Inspector General’s office.  She had little luck and a Congressman’s help was sought.  She was told by the Congressman’s staff that she was going to be discharged.  But she has never received discharge orders.  She still is being sued over the unpaid medical bills.  She submits a number of exhibits in support of her claim, to include a copy of her civil court summons for the medical expenses.  

6  The applicant’s military records show that she enlisted the ILARNG on 
22 October 1994 for 8 years, in pay grade E-1, at age l7 with parental consent.  She had not completed high school at that time.

7.  On 24 October 1994, Orders 206-3, were issued by the Military Entrance and Processing Station, St. Louis, Missouri, ordering the applicant to report to Fort Jackson for BCT on 22 June 1995 and to Fort Lee, Virginia, for AIT in military occupational specialty (MOS) 77F (Petroleum Supply Specialist), reporting on 
25 August 1995.  These orders were later amended to read 5 July and 
8 September 1995, respectively.  

8.  A DD Form 220 (Active Duty Report) shows the applicant reported to Fort Jackson on 5 July 1995 and served through 9 September 1995.  

9.  On 27 March 1996, Orders 60-164 were issued by the ILARNG transferring her from the 258th Supply Company, Beardstown, IL, to Detachment 1, 
126th Maintenance Company, Beardstown effective 1 April 1996 for duty in MOS 45K10 (Armament Repairer) although she retained her MOS of 77F (for which she had not received training as of this date). On 12 July 1996 and 
17 September 1996, DA Forms 4187 (Personnel Actions) were issued by the new unit’s servicing personnel office advancing the applicant to pay grade 
E-2 effective 1 February 1996, and to pay grade E-3 effective 1 June 1996, respectively.

10.  On 10 October 1996, a Memorandum was sent to the applicant from her ILARNG company commander, directing that she report “back” to Fort Jackson within 30 days.  If she was pregnant, she was to provide a medical statement defining the conditions of her pregnancy.  The memorandum goes on to state:  “Understand that as of this time you are still considered to be on active duty.”
This memorandum has a note attached, dated 25 February 1997 which states:  “Officially still on active duty.  Suppose to return to active duty after pregnancy.  Case in legal at Ft. Jackson.  Continue coding as at training.”  Initials “G / “
These same initials are on the memorandum sent to her in October 1996.  

11.  On or about 16 September 1997, a claim was submitted by a CHAMPUS (military medical plan) administrator to the ILARNG for $221.00 for medical expenses on behalf of the applicant accrued in March 1997.  This was denied by the ILARNG because “According to the RPAS manager, soldier was not in a duty status on 7 March 1997….”  She was told that she had to pay the bill.  

12.  There are other notations in her file, and correspondence with the Office of Inspector General, ILARNG concerning her status.  At one point she was told she would be discharged for not completing her AIT.  

13.  On 13 December 1997, a memorandum was prepared by her unit commander and sent (apparently not mailed until 9 January 1998) which stated that the commander intended to discharge her due to her “entry level status’ with an uncharacterized period of service “otherwise referred to as a “General” discharge (this is incorrect).  She was to respond within 15 days with any mitigating information.

14.  She responded on 23 January 1998, noting that she did not get the memorandum until 13 January 1998.  She outlined her problems, essentially as in her current application, and referred the commander to a “Major M…..“ in the ILARNG Inspector General’s Office.  There are some notes on the correspondence which indicates that some efforts may have been made to contact the inspector general’s office by the unit.  

15.  In any case, on 24 March 1998, Orders 056-074, were issued by Headquarters, ILARNG, discharging the applicant from the ILARNG and a Reserve of the United States effective 9 September 1995, with an uncharacterized discharge.  An NGB Form 22 (Report of Separation and Record of Service) was issued by the ILARNG, confirming the discharge action.  It credited her with 10 months and 18 days service (from October 1994 through 
9 September 1995).  The authority for the separation was shown as NGR 600-200, by reason of Entry Level Status and Conduct, with an uncharacterized discharge.  However, the separation document did not show that she was discharged as a Reserve of the United States, although she was not transferred to a USAR control group or other USAR unit.   No DD Form 214 (Certificate of Release or Discharge from Active Duty) was issued since Fort Jackson would normally have been responsible for issuing such a document.  

16.  Soldier’s in the Reserve components, being returned to their parent Reserve unit from an active duty training status, are transferred in accordance with chapter 4, Army Regulation 635-200, by reason of Completion of Active Service Requirements, and a Separation Program Designator (SPD) MBK.  

17.  The Army National Guard Readiness Center (ARNGRC) has investigated this case and essentially found that the applicant considered herself to be on active duty awaiting orders until at least January 1998.  The Center recommends that the Board find in her favor and that the medical bills with her application be paid.  The Center essentially defers to the Board as to back pay.  While there is some indication she may have tried not to return to active duty and perhaps did not follow through as aggressively as she should have, the Center finds that “…a private soldier should not have to bear the consequences of the failure of individuals in positions of responsibility to communicate clear instructions and be processed per service regulations.” 

18.  This advisory opinion was provided to the applicant for comment.  She did not respond.  Her counsel has indicated informally to the ARNGRC that they agree with the opinion.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was properly ordered to active duty for training at Fort Jackson effective 7 July 1995, and she so reported.

2.  At the completion of her training at Fort Jackson, she had valid orders for transfer to Fort Lee for her AIT, but she failed to report.  This was on or about 
9 September 1995.  

3.  The specific reasons for not reporting cannot be determined, but she claims that she was ordered to return to her home in Illinois to await further instructions. She was not discharged from her active duty/ILARNG status until 24 March 1998, although these orders had an effective date (back-dated) of 9 September 1995.

4.  Further, she was transferred between ILARNG units and she was advanced to pay grade E-2 effective 1 February 1996 and to pay grade E-3 effective 1 June 1996 by the ILARNG.  These were proper advancement actions and should be validated by the Board.

5.  Therefore, the Board concludes that the applicant was serving in an active duty status between 7 July 1995 and 24 March 1998, the date the ILARNG took action to separate her from the ILARNG and as a Reserve of the United States.  She should receive full active duty pay in pay grades E-1, E-2 and E-3, from the date of reporting for active duty and/or the date advancement action was taken by the ILARNG.  

6.  Insofar as this Board is concerned, as pertains to her active duty period of service, she was transferred from her active duty status at Fort Jackson as a National Guard soldier back to the ILARNG at the completion of her training (basic combat training only) under the provisions of chapter 4, Army Regulation 635-200, by reason of Completion of Required Active Service, SPD: MBK.  Since she served in excess of 180 days on active duty, she was entitled to a fully honorable discharge rather than the uncharacterized discharge she received.  A DD Form 214 needs to be prepared to reflect this period of service.  

7.  Upon return of the case to the ILARNG, the Board recommends that she be honorably discharged from the ILARNG for failure to attain MOS proficiency, but through no fault of her own, and a corrected/new NGB Form 22 be issued.  

8.  Also, during the period of active service, she married and became pregnant.  She incurred certain medical expenses totaling in excess of $4800.00.  As an active duty soldier she was entitled to medical treatment at a military installation or payment of at least part of these medical bills.  However, final adjudication of the final payment rests with the Defense Finance and Accounting Service, upon presentation of the appropriate claim and supporting billing information.

9.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

	a.  that the individual concerned served on active duty, with entitlement to full pay and allowances from 7 July 1995 through 24 March 1998;

b.  that during this period of service, she was advanced to pay grade 
E-2 effective 1 February 1996 and to pay grade E-3 effective 1 June 1996; 

	c.  that she was released from active duty, with an honorable discharge, at the completion of her basic combat training and was transferred back to her parent unit in the ILARNG on 24 March 1998, under the provisions of chapter 4, Army Regulation 635-200, by reason of Completion of Required Active Duty, SPD:  MBK; and   

	d.  That a DD Form 214 be prepared by the Active Army (U.S. Total Army Personnel Command ) which shows the applicant’s 32 months of honorable service from July 1995 through March 1998.  

2.  That the applicant be advised to submit a claim for payment of medical expenses, by sending copies of all documentation for any medical bills/or other expenses that she and her dependent (her husband after their date of marriage) incurred during the period of active duty to the Defense Finance and Accounting Service-Denver Center, ATTN:  DFAS-DE/YCC, 6760 East Irving Place, Denver, Colorado  80279-7000.

3.  That upon completion of the separation action from active duty, that the case be referred to the ARNGRC for appropriate discharge action in coordination with the ILARNG.  

BOARD VOTE:  

__RJW__  __JPS___  __EB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09427/AR1998000783	
SUFFIX		
RECON		
DATE BOARDED	19990609	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19980324	
DISCHARGE AUTHORITY	AR635-200, CH4	
DISCHARGE REASON	A03.00	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	144.00	
2.	A01.02	
3.	A01.54	
4.	A92.00	
5.	128.00	
6.	129.00