PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 December 1999                  
	DOCKET NUMBER:    AR1999023846

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Mr. James P. Steuve		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 a pay correction and discharge date change.

3.  The applicant states that he was told that his discharge date would be 1 April 1998.  He attended drill in March 1998.  His discharge orders were changed to reflect a 1 March 1998 separation date after he had drilled during the month of March in good faith.  As a consequence of the change, he is indebted to the government for the amount of drill pay received for March 1998.

4.  The applicant’s military records show that at the time of the incident in question he was serving as a captain in the North Carolina Army National Guard (NCARNG).  

5.  On 26 February 1998 the NCARNG published orders directing that the applicant be separated from the NCARNG effective 1 April 1998.  On 9 March 1998 that order was amended to change the effective date of separation to         1 March 1998.  Meanwhile, the applicant, anticipating a separation date of 1 April was permitted to attend unit drills on 7 and 8 March 1998 and subsequently received pay for those drills.  Because of the change in his separation date, he is now indebted to the government for the drill pay that he received.

CONCLUSIONS:

1.  It appears that there was a fair amount of confusion regarding the effective date the applicant was to be separated from the NCARNG.

2.  Because of the changing dates of the orders and the conflicting dates of his separation, it is not possible to establish whether constructive delivery of the amended orders to the applicant was accomplished.  Absent such a finding and in the interest of fairness, the benefit of the doubt should be extended to the applicant.

3.  Accordingly, the facts in this case establish that the applicant was in a de facto status and should be entitled to retain the pay and attendance credit he received for the unit training drills attended on 7 and 8 March 1998.  Furthermore, any indebtedness that may have grown out of the conflicted separation dates should be excused.

4.  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 the individual concerned was separated from the NCARNG on 1 April 1998;

	b.  showing that he attended unit training drills on 7 and 8 March 1998 and is entitled to any pay and attendance credit received for those drills; and

	c.  remitting his indebtedness and returning any monies collected to him.

BOARD VOTE:  

_jhl_____  _tdh____  _jps_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_ JoAnn H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR1999023846	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 110.01		
2.  128.10		
3.  128.14		
4.		
5.		
6.