PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           4 May 2000                   
	DOCKET NUMBER:   AR2000034928

	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
Mr. Robert J. McGowan		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		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 (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 that his separation date from the Pennsylvania Army National Guard (PAARNG) be corrected to 18 October 1994.  In effect, he is also requesting that a debt, erroneously imposed for overpayment of drill pay, be expunged and any moneys located to satisfy that debt be refunded to him.

3.  The applicant states that the Defense Finance and Accounting Service (DFAS)—Denver authorized a debt collection of $380.96 from his End-of-Month November 1999 active duty pay.  The debt was imposed because he had been paid drill pay for September 1994 and part of October 1994 when separation paperwork from the PAARNG showed that he had been separated on 30 August 1994.  He states that he was not separated until 18 October 1994 and he became a Reserve Officers Training Corps (ROTC) cadet on 19 October 1994.

4.  The applicant’s military records show that he was enlisted in the Regular Army for 3 years from 27 June 1989 through 26 June 1992.  On 27 June 1992, he enlisted in the PAARNG and served until 30 August 1994, after which he changed his status to become a member of the PAARNG Simultaneous Member Program (SMP) while enrolled in ROTC.  He was separated from the SMP (and the PAARNG) on 18 October 1994.  During the period September 1994 to 18 October 1994, he served in the PAARNG and attended drills.

5.  In the processing of this case, an advisory opinion was obtained from the US Total Army Personnel Command.  The opinion, which was provided to the applicant for comment, supports the applicant’s position that the date of his separation from the PAARNG is incorrect, as is the debt.

CONCLUSIONS:

1.  The applicant’s NGB Form 22, Report of Separation and Record of Service, incorrectly reflects his separation date as 30 August 1994 when it should be 18 October 1994.

2.  The DFAS debt is incorrect because the applicant served in the PAARNG during the period 1 September 1994 through 18 October 1994 as a member of the SMP while enrolled in ROTC.  He was correctly paid for his drill attendance during that period.

3.  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 and the individual concerned be corrected by 

	a.  Correcting the 30 August 1994 effective date of his NGB Form 22 to reflect an effective date of 18 October 1994; and by

	b.  Canceling the $380.96 debt imposed by DFAS-Denver and refunding any moneys previously collected.

BOARD VOTE:  

__lls___  __jps____  ___cjs____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_LUTHER L. SANTIFUL__
		        CHAIRPERSON

INDEX

CASE ID	AR2000034928	
SUFFIX		
RECON		
DATE BOARDED	20000504	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.