SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:                              
	DOCKET NUMBER:   AC94-09566C
				   AR1999025958

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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.

THE BOARD ADDITIONALLY FINDS:  

15.  On 10 May 1999, the DFAS advised this Board that unless further corrective action was taken to cover the period 23 October 1990 and the date the applicant was recalled to active duty, 13 July 1992, the applicant could be indebted to the government in the amount of at least $30,000.00.

16.  On 4 November 1998, based on available evidence, the Board recommend, in part, that the applicant’s 23 October 1991 (sic) separation was void and of no force or effect; that he was physically unfit for perform his duties on 23 October 1991 (sic); and that he was separated from the service by reason of physical disability rated 80 percent disabling effective 24 October 1991 (sic).

THE BOARD ADDITIONALLY CONCLUDES:

8.  The applicant should not have been released from active duty on 23 October 1990 prior to the completion of his physical evaluation.  

9.  It is appropriate to void his discharge and show that the applicant was placed on the Temporary Disability Retired List for the period of 24 October 1990 to 12 July 1992.

10.  The applicant’s 30 October 1993 separation from active duty should be voided and he should be shown to have been retired, with an 80 percent physical disability, as of 31 October 1993.

THE BOARD ADDITIONALLY RECOMMENDS:

4.  That Recommendation 1 of the Board’s 4 November 1998 Proceedings be amended to read as follows:

	a.  by showing that the action separating the individual concerned from active duty on 23 October 1990 is void and of no force or effect;

b.  by showing that on 24 October 1990, he was physically unfit to perform the duties of his rank and rating by reason of a physical disability and that he was placed on the Temporary Disability Retired List until his recall to active duty on 12 July 1992;

c.  that on 13 July 1992, he was recalled to active duty for the purpose of further medical evaluation;

d.  by showing that he was found to be 80 percent disabled, in accordance with the VA Schedule for Rating Disabilities; that the disability is permanent; that it was incurred while he was entitled to receive basic pay as a member of the 870th Military Police Company FORSCOM-FC on active duty; that it was not result from misconduct or willful neglect; that it was not incurred during a period of unauthorized absence; that it was incurred in line of duty; that it was not the direct result of armed conflict; and that it was not caused by an instrumentality of war; and, 

	e.  by showing that he was separated from active duty on 30 October 1993 by reason of a physical disability, rated 80 percent disabling in accordance with the VA Schedule for Rating Disabilities; and that, effective 31 October 1993, he was permanently retired under the provisions of Title 10, United States Code, section 1201, with entitlement to retired pay of the highest grade satisfactorily held within the meaning of Title 10, United States Code, section 1372

BOARD VOTE:  

   RVC    SC      KLW  GRANT AS STATED IN RECOMMENDATION

                                    GRANT FORMAL HEARING

                                    DENY APPLICATION

		   Raymond V. O’Connor, Jr.         
		        CHAIRPERSON        

INDEX

CASE ID	AC94-09566C
AR1999025958	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	177	
2	179	
3.		
4.		
5.		
6.