PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            17 February 1999  
	DOCKET NUMBER:   AC98-11981
				    AR1999015959

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		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 retroactive payment of basic allowance for subsistence (BAS) for the months of June, July and August 1998.  He notes his entitlement should have commenced upon his completion of NCOES but he did not begin receiving BAS until September 1998.

3.  Records confirm the applicant was receiving BAS prior to attending NCOES between 13 May 1998 and 12 June 1998.  His finance records, however, indicate in October 1998 he was paid BAS for the period 13 June 1998 through 3 August 1998 at which time he entered a leave status.  He was paid leave rations for the period 4 August 1998 through 10 August 1998 but did not commence receiving BAS again until 28 August 1998.

4.  In the processing of this application an advisory opinion was provided by the Defense Finance and Accounting Service, Indianapolis Center, which confirmed the applicant was entitled to BAS beginning 13 June 1998.  However, because he has already received payment for the period 13 June 1998 through 10 August 1998 (BAS and Leave Rations) he is only entitled to retroactive BAS for the period 11 August 1998 through 27 August 1998.

CONCLUSIONS:

1.  The evidence confirms the applicant is entitled to retroactive payment of BAS for the period 11 August 1998 through 27 August 1998.  Because he was already properly paid for the period 13 June 1998 through 10 August 1998 additional pay for that period is not necessary.

2.  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 authorizing the individual concerned retroactive payment of BAS for the period 11 August 1998 through 27 August 1998.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

___chl__  __fne___  ____js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11981/AR1999015959	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990217	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 128.00		
2.		
3.		
4.		
5.		
6.