PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 September 1999                   
	DOCKET NUMBER:   AR1999020473

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 discharge date be adjusted to 5 March 1994.

3.  The applicant states that the Board corrected his records by showing he attained 20 qualifying years of service on 30 April 1993 and that he was transferred to the U. S. Army Reserve (USAR) Control Group (Retired) on 1 May 1993.  However, the Defense Finance and Accounting Service (DFAS) is charging him with a debt from 1 May 1993 through 5 March 1994.  He had been advised by the finance officer of the 94th USAR Command to remain in the Reserve until he received his 20-year letter, which he did on or about 5 March 1994.  He has been penalized for having stayed in the Reserve as he was advised by losing both money and retirement points.

4.  The applicant’s military records show that he had over 18 years of service when he was discharged from the USAR in the grade of Captain as a 2-time non-select for promotion.  He then enlisted in the USAR to complete 20 qualifying years of service, which he did on 30 April 1993.  He was issued his 20-year letter on 4 November 1993 and he responded to his options letter on 16 December 1993.  He continued to actively participate in the USAR until 5 March 1994. 

5.  Army Regulation 140-10 provides that officers with at least 18 but less than 20 years of qualifying service will not be removed without their consent.  Therefore, the applicant applied to the Board for correction of his records.  In 1996 the Board corrected his records to show he remained in the USAR as a captain until he attained 20 qualifying years of service on 30 April 1993 and was then transferred to the USAR Control Group (Retired) on 1 May 1993.  

6.  As a result of the Board’s correction, DFAS credited the applicant with pay and allowances from the date of his discharge until 30 April 1993, when the Board directed his transfer to the USAR Control Group (Retired).  DFAS then debited the applicant for pay and allowances received while in his enlisted status from 1 May 1993 until 5 March 1994, when he stopped his active participation.

7.  Conversation between an analyst with the Board and the Army Reserve Personnel Command on 9 August 1999 confirmed the applicant was sent his 20-year letter on 4 November 1993 and he responded to his options letter on          16 December 1993.  A copy of this record of phone conversation was provided to him for comment or rebuttal.  He did not respond within the given time frame.

CONCLUSIONS:

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

2.  The applicant was advised to remain in the USAR until he received his 20-year letter.  He did continue to participate in his enlisted status until 5 March 1994.  However, the Board notes he was sent his 20-year letter on 4 November 1993 and responded to his options letter on 16 December 1993.  

3.  As a matter of equity and as an exception to policy, the Board concludes the applicant is entitled to all pay and allowances he earned between 1 May and     16 December 1993.  Pay and allowances he earned after he responded to his options letter are valid debts.  The Board also concludes, as an exception to policy, that he is entitled to credit for any and all retirement points earned between 1 May and 16 December 1993.  

4.  In view of the foregoing, 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.   voiding the applicant’s separation on 30 April 1993 and his transfer to the Retired Reserve on 1 May 1993; and

     b.  showing that the applicant was separated on 31 December 1993 and transferred to the Retired Reserve on 1 January 1994 in the highest grade satisfactorily held.

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

BOARD VOTE:  

__mkp___  __clg___  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020473	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.15	
2.	135.02	
3.		
4.		
5.		
6.