PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  13 July 2000
	DOCKET NUMBER:  AR1999022471

	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. Carl W. S. Chun		Director	
	Mr. David E. Weightman		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 reinstatement to his previous active duty status.

3.  The applicant states he was previously not selected for promotion to major based on an unfair adverse officer evaluation report (OER), and before a second non-selection could occur, he opted for a separation with a voluntary separation incentive (VSI).  Since then the contested OER was corrected by the Correction Board and he was reconsidered for promotion to major on that basis and recommended for the promotion by a special selection board (SSB).  He should not have been separated and desires reinstatement to continue his career.

4.  The applicant’s military records show that subsequent to not being recommended for promotion to major by the 1996 promotion board, he opted for release from active duty under the VSI program.  He was released from active duty effective 31 January 1997, with $15,712.99 paid for the first year of his separation and that same amount for the next 27 years.

5.  His military records were later corrected to amend an unjust officer evaluation report and to provide promotion reconsideration under 1996 criteria.  Upon reconsideration by an SSB he was recommended for the promotion to major.

6.  His promotion to major was announced in order number 22-10, dated 
22 January 1998, with an effective date and date of rank of 1 January 1997.

7.  Reinstatement to his previous active duty status would be based on his previous separation on 31 January 1997.  Upon reinstatement the applicant would be entitled to pay and allowances, with off-set.

8.  On 23 November 1999 the Chief, Specialist Corps Branch, Total Army Personnel Command, expressed the opinion the applicant’s record was competitive and the Army was short officers in his category, and recommended full administrative relief.

9.  A copy of the advisory opinion received in this case was forwarded to the applicant for his acknowledgment and possible comment.  He did not respond.

CONCLUSIONS:

1.  The Board concludes that based on his selection for promotion by the Departmental SSB, the applicant is entitled to reinstatement to his previous active duty status as recommended by the Chief of the Specialist Corps Branch, with promotion to major effective 1 January 1997.

2.  The Board notes that the applicant has received annual VSI payments based upon his previous separation from active duty under the VSI program, other military pay and civilian pay/wages subsequent to his separation, which must be off-set from the back pay he will receive based upon reinstatement.  The appropriate Defense Finance and Accounting Service (DFAS) will be contacted for this purpose.

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 voiding the 31 January 1997 separation of the individual concerned;

b.  by reinstating him to his previous active duty status within 120 days from the date this action is approved, with entitlement to back pay and allowances, and with collection of appropriate off-sets;

c.  by promoting him to the grade of major with an appropriate date of rank and effective date, with entitlement to back pay and allowances;

d.  by showing that his release from active duty was, and is, void and without force or effect; and that any and all travel performed in compliance with orders for his relief from active duty, and incident thereto, was performed as an authorized permanent change of station or temporary duty with entitlement to all monetary allowances for the applicant and dependents, as appropriate; and

e.  by placing an adequate explanation in his Official Military Personnel File to show that any gap in his officer evaluation reports from the date of his last report to the date of his return to an active duty status was not caused by any fault on his part and to ensure that he should not be prejudiced thereby in any future personnel actions.

BOARD VOTE:  

___jp___  __mm____  __ja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR1999022471	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
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.	110	
2.		
3.		
4.		
5.		
6.