PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 May 2000                  
	DOCKET NUMBER:   AR1999025271

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		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.  In effect, the applicant requests that he be recalled to active duty with the restoration of all rights, privileges, and property. 

3.  The applicant’s military records show that he was appointed a Reserve commissioned officer in the Veterinary Corps on 12 May 1989 and a Regular Army Officer in the rank of Captain on 4 May 1994. 

4.  On 21 June 1997 the applicant was notified by the Total Army Personnel Command (PERSCOM) that he was not selected for promotion to Major and would have to be discharged from the Army on 1 December 1997, with entitlement to separation pay, if eligible for such pay.

5.  The applicant was discharged on 1 December 1997.  He had 8 years,            5 months, and 15 days of service.  His DD Form 214 shows that he received separation pay in the amount of $33,048.21.   

6.  On 6 February 1999 the PERSCOM notified the applicant that he had been recommended for promotion to Major by a special selection board under the same criteria and instructions established for the regularly constituted FY96 selection board that adjourned in February 1996.  His date of rank and effective date of promotion would have been 1 September 1996 had he been on active duty.  He was informed to apply to this Board should he desire relief as a result of his selection for promotion.

CONCLUSIONS:

1.  The applicant was selected for promotion to Major retroactive to                       1 September 1996 by a special selection board.  Had he been promoted while on active duty he would have continued his service.

2.  The applicant should be recalled to active duty and promoted to Major  effective and with a date of rank of 1 September 1996.  His DD Form 214 of         1 December 1997 is null and void and of no force or effect; and his records should be corrected to show continuous active duty from 1 December 1997.

3.  He should receive all due pay and allowances in the rank and pay grade of Major, 0-4, from 1 September 1996 until the date of his return to active duty, 
offset by any compensation that he received as a civilian from 1 December 1997 until his return to active duty, and minus the special separation pay of $33,048.21 he received at the time of his discharge.

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.  Recalling the applicant to active duty and promoting him to Major effective and with a date of rank of 1 September 1996;   

     b.  showing that his DD Form 214 of 1 December 1997 is null and void and of no force or effect;

     c.  showing that the applicant has continuous active federal service since        1 December 1997; and

     d.  reimbursement of all pay and allowances in the rank and pay grade of Major, 0-4, from 1 September 1996 until his return to active duty, offset by any compensation that he received as a civilian from 1 December 1997 until his return to active duty, and minus the special separation pay of $33,0048.21 he received at the time of his discharge.

BOARD VOTE:  

___mdm_  ___jns__  ___mw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025271	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000524	
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.  21	110.00	
2.	128.00	
3.		
4.		
5.		
6.