PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            5 May 1999        
	DOCKET NUMBER:   AC98-05937
				   AR1999020806

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger W. Able		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 promotion to first lieutenant with the appropriate date of rank, and pay and allowances retroactive to 2 January 1996. 

3.  The applicant states that she was ordered to active duty on 2 January 1996; however, the 4th Region (ROTC) of the Army Cadet Command failed to   inprocess her through finance and accounting.  She received assistance from her former Reserve unit (63d RSC) in obtaining incapacitation pay, erroneously paid, since she was on continuous active duty since 2 January 1996.  

4.  The applicant’s military records show that she was appointed a second lieutenant in the Army Reserve on 29 August 1995.  On 27 December 1995 the 4th Region (ROTC) Army Cadet Command ordered her to temporary duty at the Chemical Officer Basic Course at Fort McClellan, Alabama with a reporting date of 11 February 1996.  That order also indicated that she would be in a permissive TDY status to perform the duties of a Gold Bar Recruiter at Fourth Region (ROTC) with duty at California State University Long Beach from   2 January 1996 to 10 February 1996.  Her officer’s record brief (ORB) shows that she was accessed into the active duty strength of the Army on 2 January 1996. 

5.  On 10 August 1995 the 63d Regional Support Command in Los Alamitos, California forwarded to the 349th General Hospital in Los Angeles, the approved line of duty investigation pertaining to the applicant.

6.  On 2 May 1996 the 63d Regional Support Command requested to the commander of Fort Riley approval of incapacitation pay for the applicant for September through December 1995.  That request indicated that a previous request had been submitted for July and August 1995.  

7.  The 4th Region (ROTC) published an order on 6 May 1998 ordering the applicant to temporary active duty at Madigan Army Medical Center effective 19 May 1998, for medical evaluation, appropriate medical treatment and medical determination for continued active duty.

8.  In a 9 July 1998 memorandum to this Board the Inspector General of Madigan Army Medical Center in Tacoma, Washington, outlined the circumstances concerning the applicant’s entry on active duty and her subsequent status.  He stated that the applicant was being carried by the 4th Region with no personal status (active or Reserve) since 2 January 1996.  She reported to the Army detachment at the University of Southern California for temporary recruiting duty, informed that commander that she required medical attention, and he sent her home, failing to inprocess her through finance.  She was not inprocessed through finance until 19 May 1998.  The IG stated that her duty location since January 1996 had been at her home, and that the officer had contacted 4th Region numerous times to determine her status.  4th Region has stated that the officer has been “in limbo” since January 1996.
  
9.  The IG went on to say that the applicant had been injured on 21 June 1995 on a training exercise while on active duty for training prior to commissioning.  The injury was in line of duty.  She was treated and released from a navy medical facility.  He stated that the essential problem has been that Cadet Command and the 4th Region refusal to acknowledge her active duty status.  She has received treatment at both navy and Army facilities, and received orders to report to Madigan and arrived on 18 May 1998.  He stated that the applicant had served on continuous active duty and is due back pay minus any incapacitation pay erroneously paid her.  She is also eligible for immediate promotion to first lieutenant. 

10.  In a 15 April 1999 correspondence to the DA DCSPER, the TJAG, in effect, substantiated the aforementioned information, and stated that this Board should show that the applicant served on active duty since 2 January 1996, that she should receive pay and allowances since that date, and as a matter of equity, she should be promoted to first lieutenant effective on her promotion eligibility date.

11.  The DA DCSPER has recommended that the applicant receive pay and allowances for her active duty service since 2 January 1996 through 18 May 1998, less any incapacitation pay or other military pay and allowances that she may have received during that period.  The DA DCSPER also recommended, as a matter of equity, that the applicant be promoted to first lieutenant effective        1 January 1998.  

12.  Army Regulation 600-8-29 prescribes policies and procedures for the promotion of Army officer on the active duty list.  Paragraph 3-1 provides the rules for computing the promotion eligibility date to first lieutenant and states, in effect, that an officer’s promotion eligibility date will be the second anniversary of active duty service as a second lieutenant on the active duty list.  

CONCLUSIONS:

1.  The applicant entered on active duty on 2 January 1996, and in effect, was forgotten.  She did not receive pay and allowances from that date, until she was again ordered to active duty on 19 May 1998.  Consequently, she should receive all due pay and allowances from 2 January 1996 through 18 May 1998, minus any incapacitation or pay or any other pay and allowances that she received during that period.      

2.  The applicant was eligible for promotion to first lieutenant on                           1 January 1998.  In all fairness, she should be promoted effective that date. 

3.  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:	

     a.  by showing that the individual concerned entered on active duty as a Reserve second lieutenant on 2 January 1996;

     b.  by paying her all due pay and allowances from 2 January 1996 through    18 May 1998, minus any incapacitation or other military pay and allowances she may have received during that period; and

     c.  by promoting her to first lieutenant effective and with a date of rank of         1 January 1998.   

BOARD VOTE:  

___jma__  __js____  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

______  ________  __________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09537/AR1999020806	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990505	
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. 128.00		
2.  131.03		
3.		
4.		
5.		
6.