PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 June 2000                   
	DOCKET NUMBER:   AR2000038920

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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 expiration term of service (ETS) be changed so he may be paid for the drills he attended.

3.  The applicant states that he knew his ETS date was 11 January 1997 but he continued to go to drills because he was not sure if he was going to get out of the Army National Guard or go active in the Army.  The Defense Finance and Accounting Service (DFAS) charged him with a debt of $515.21, stating he was paid for drills he never attended.  He has paid the debt but the Pennsylvania Army National Guard has the documentation to show he attended the drills.  DFAS advised him to request a change of his separation date so he could be paid for the drills.

4.  The applicant’s military records show that he enlisted in the Army National Guard on 12 January 1989 for 8 years.  His ETS was 11 January 1997.

5.  The applicant attended drills on 12 January; 21, 22, and 23 February; and    14, 15, and 16 March 1997 as certified by the Commander, Headquarters Company, 1st Battalion, 110th Infantry, Scottdale, PA.

6.  In responding to an inquiry from the applicant’s congressman, DFAS noted that the debt of $515.21 was the result of drill payments after he was separated from the Pennsylvania Army National Guard.  There is no entitlement to funds paid for periods performed after separation.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  His unit should never have scheduled him for nor allowed him to attend drills after his ETS of 11 January 1997 without ensuring he had reenlisted or extended his enlistment first. 

2.  However, the applicant’s unit did schedule him for drills after his ETS.  He did attend his scheduled drills for January, February and March 1997 in good faith and should be entitled to the appropriate payment for work performed.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant extended his enlistment of 12 January 1989 for a period of 3 months, making his ETS 11 April 1997.

2.  That after the above correction is made, the applicant be paid for the drills he attended in January, February and March 1997 and that he receive the appropriate retirement point credit for his extended service.

BOARD VOTE:  

__mkp___  __esc___  __jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038920	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.