SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           20 October 1999
	DOCKET NUMBER:   AC97-08522A
				   AR1999027583

	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. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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:

8.  Subsequent to the Board’s favorable decision to change the applicant’s date of rank, a representative of the Defense Finance and Accounting Service (DFAS) contacted the analyst and indicated that, if the Board had corrected the effective date of the applicant’s date of rank,  the DFAS would have paid the applicant back pay.  When informed that the Board had not considered changing the effective date because it was believed that the 6 year limitation on claims provided for in Title 31, U.S. Code, § 3702 would preclude any such back pay, the DFAS claims examiner responded that the DFAS never invoked the barring statute when a corrections board acted in a case.  

THE BOARD ADDITIONALLY CONCLUDES:

3.  That in light of the above additional information it is in the interest to amend the Board’s recommendation as set for below.

THE BOARD ADDITIONALLY RECOMMENDS:

That the recommendation be amended by inserting after the date “4 June 1979” the words “with an effective date of 4 June 1979.”

BOARD VOTE:  

_fkm_jhk_bje_GRANT AS STATED IN RECOMMENDATION

___________ GRANT FORMAL HEARING 

___________ DENY APPLICATION

		         Fred K. McCoy____________            
		        CHAIRPERSON

INDEX

CASE ID	AC91-10733A
AR1999014769	
SUFFIX		
RECON		
DATE BOARDED	19991020	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Modify	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.