PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 February 2000                  
	DOCKET NUMBER:   AR1999027511

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 

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 that his discharge certificate be corrected by changing the grade to SP4 and the date of separation to 20 April 1995. 

3.  The applicant states that after he separated from the U.S. Army Reserves on 20 April 1995, he was improperly counseled and reduced from pay grade E-4 to E-3.  He explains that the unit took these actions after finding him liable for the misuse of a federal credit card.  A family member stole the credit card and the unit should not have sought reimbursement from him, but from the family member.

4.  A counseling statement dated 9 April 1995 is present that informs the applicant that during the period 21 October 1994 a federal credit card issued to him was misused due to his negligence, found him liable for $717.00 and would recommend him for reduction.  In place of the applicant’s signature is the statement “Individual Not Available For Signature”.

5.  On 1 July 1995, a Personnel Action was signed by the company commander reducing the applicant to pay grade E-3.

6.  On 21 October 1995 a recommendation to remove the applicant from the Reserve program for unsatisfactory performance was prepared by the company commander.  The request for discharge was approved at Headquarters, 89th Army Reserve Command, 4 December 1995.  

7.  Headquarters, US Army Reserve Command, Orders 95-298-102, dated       12 December 1995 discharges the applicant from the Reserves effective           12 December 1995.

CONCLUSIONS:

1.  There are procedures that allow the extension of enlisted members beyond their ETS.  The applicant’s military record contains no documentation that a request to extend the applicant beyond ETS was submitted or approved, therefore any personnel action taken after 20 April 1995 is improper.

2.  The applicant makes a claim that a family member should have been held liable for the use of the credit card that was issued to him.  The credit card was issued to the applicant and without evidence to the contrary he is responsible for the use of it, therefore he was properly found liable for its misuse. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was discharged at the pay grade of E-4 on 20 April 1995,

	b.  providing him a Honorable Discharge Certificate reflecting the rank of SP4 and discharge date of 20 April 1995,

	c.  providing him orders that discharge him from the U.S. Army Reserves, effective 20 April 1995,

	d.  removing all documents dated after 20 April 1995 pertaining to his reduction to pay grade E-3; and

	e.  removing all documents pertaining to the request for discharge for poor performance dated after 20 April 1995.

BOARD VOTE:  

_rvo____  _dsj_____  _cjs_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999027511	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
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.  110.01.00		
2.		
3.		
4.		
5.		
6.