PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 July 1999                  
	DOCKET NUMBER:   AR1999018203

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 the effective date of her discharge from the Army Reserves be changed to 23 February 1998.

3.  The applicant states she was discharged on 21 February 1998 but was not aware of that date until she received the discharge order after the 
21-22 February 1998 weekend.  On that weekend, she attended Reserve training and properly received pay for those drills.  She was later billed by Defense Finance and Accounting (DFAS) to collect back the pay since she had been discharged.  By correction of the discharge date, she is seeking to retain the pay and credit for the drills that she was authorized to attend.

4.  The applicant’s military records show that on 20 February 1998, she was a Master Sergeant in the Army Reserves assigned as a member of a reserve unit, Headquarters and Headquarters Company, 360th Civil Affairs Brigade (Airborne), Fort Jackson, South Carolina.  On 21 February 1998, orders were issued by the Headquarters, US Army Special Operations Command, discharging her effective 21 February 1998.  Not knowing the effective date of this discharge at the time, the 360th unit commander authorized the applicant to attend a Multiple Unit Training Assembly on 21-22 February 1998 for credit and pay.  The applicant was paid accordingly.  However, when DFAS received a copy of the applicant's discharge order at a later date, they determined that she was not due pay since she had been discharged on 21 February 1998 making pay for drill on 21-22 February 1998 incorrect.  DFAS sent a letter of indebtedness to the applicant to collect back the pay.  The bill is for $355.27 plus administration and penalty charges.

CONCLUSIONS:

1.  The applicant was authorized by her commander to attend Reserve drill on the weekend of 21-22 February 1998 for credit and pay.  This was confirmed with the unit administrator.  Neither the applicant nor her commander were aware of the effective date of discharge orders cut the same weekend at a higher headquarters.  Having properly attended drill and performed her duties, the applicant should be paid for her drill attendance.  Consequently, the discharge orders should be corrected to show her discharge on 23 February 1998, the debt cancelled, and any funds collected against this debt refunded to the applicant.

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

RECOMMENDATION:

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

	a.  showing that her discharge date from the US Army Reserves was
23 February 1998; and 

	b.  canceling the DFAS debt, refunding to the individual concerned any amount collected, and canceling all administrative and penalty charges.

BOARD VOTE:  

_cwb____  _jma___  _rgh ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______Curtis W. Barbee________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018203	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990721	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.