PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 September 1999                   
	DOCKET NUMBER:   AR1999018074

	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. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		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 appointment date into the Virginia Army National Guard (VaARNG) be changed to January 1995.

3.  The applicant states the VaARNG erroneously accessed him in January 1996. He provides the final response to his Inspector General complaint as supporting evidence.

4.  The applicant’s military records show that after having had prior enlisted service in the U. S. Army Reserve and ARNG, he was commissioned out of the Reserve Officer Training Corps in January 1995 and started full-time duty with the VaARNG on 5 January 1995.

5.  The Office of the Inspector General, VaARNG has substantiated the applicant’s complaint that he was improperly assessed into the Guard.  He should have been assessed on 5 January 1995.  The VaARNG does not have authority to correct his appointment date; he must apply to the Board for that action.  Once his appointment date is changed, his request for pay from January through June 1995, an adjusted promotion date to first lieutenant and issues relating to his officer evaluation report could be addressed.

CONCLUSIONS:

1.  The Office of the Inspector General, VaARNG has substantiated that a Government error occurred in this case.  The applicant was erroneously accessed into the VaARNG in January 1996 when he should have been accessed on 5 January 1995.

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 showing the applicant was appointed a second lieutenant and accessed into the Virginia Army National Guard on 5 January 1995.

BOARD VOTE:  

__fne___  __tap___  ___mw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018074	
SUFFIX		
RECON		
DATE BOARDED	19990929	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.01	
2.		
3.		
4.		
5.		
6.