PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 September 1999                   
	DOCKET NUMBER:   AR1999019653

	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 her release date be changed from August 1996 to February 1997.

3.  The applicant states that during a weekend drill in February 1997, her training officer told her she was done with her military contract.  Her orders were cut in March 1997 with a release date of August 1996.  Six months later the Defense Finance and Accounting Service (DFAS) sent her a bill stating she owed them for drills performed and pay received from 2 August 1996 to February 1997.

4.  The applicant’s military records show that she enlisted in the U. S. Army Reserve on 30 November 1990 for 8 years.  The enlistment option she selected provided that she would be a member of a troop program unit (TPU) for a period of 6 years and a member of the Individual Ready Reserve (IRR) for the balance of her 8-year service obligation.  This would have ended her 6-year contractual obligation with a TPU on 29 November 1996.

5.  The Army Reserve Personnel Command has verified that the applicant drilled with her unit from 1 August 1996 through February 1997.

6.  On 6 March 1997, orders were published reassigning the applicant to the IRR due to completion of her contractual obligation effective 2 August 1996. 

7.  On 15 September 1997, DFAS charged the applicant with a debt of $1,113.53.

8.  Army Regulation 135-91 defines Army National Guard and U. S. Army Reserve service obligations.  It states that a contractual obligation is acquired when an individual voluntarily enters into an agreement to serve in a military status for a specified term of service.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.  

2.  When the applicant enlisted in the U. S. Army Reserve on 30 November 1990, she incurred a 6-year contractual obligation to serve in a TPU.  This obligation should have ended on 29 November 1996.  She, in good faith, continued to drill with her unit through February 1997.  On 6 March 1997, orders were published reassigning her to the IRR, due to completion of her contractual obligation, with an effective date of 2 August 1996.  As a result of these orders, she has been charged with a debt against the Government.  In addition, she cannot be officially credited with any retirement points she earned for drills attended between           1 August 1996 and 1 March 1997.

3.  In view of the foregoing and as an exception to policy, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

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

     a.  revoking orders 065-27 dated 6 March 1997 reassigning the applicant to the IRR; and

     b.  publishing new orders reassigning the applicant to the IRR effective         28 February 1997.

2.  That once the above corrections are made, DFAS cancel any debt held against the applicant for Reserve duties performed between 1 August 1996 and  1 March 1997.

BOARD VOTE:  

__fne___  __tap___  __mw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999019653	
SUFFIX		
RECON		
DATE BOARDED	19990929	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.01	
2.		
3.		
4.		
5.		
6.