PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000041765

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 he be paid for Reserve duty performed and credited with retirement points earned in March 1996.

3.  The applicant states that he performed duty at the request of his commander until a replacement could be found.  The transfer order was not received until after he had performed the duty.

4.  The applicant’s military records show that he was commissioned a second lieutenant in the U. S. Army Reserve (USAR) on 30 January 1982.  

5.  The applicant performed inactive duty training on 20 and 21 January 1996,  10 and 11 February 1996, and 9 and 10 March 1996.  The March 1996 attendance roster is not certified but an unknown person signed it on 10 March 1996 and it is date stamped “Received 13 Mar 1996.”

6.  Orders 003-003, Headquarters, 416th Engineer Command dated 1 March 1996 transferred the applicant to the USAR Control Group (Reinforcement) effective 31 December 1995.  These orders apparently were not received by the applicant or his unit until after 10 March 1996.

7.  The Defense Finance and Accounting Service (DFAS) charged the applicant with a pay and allowances debt for the duties he performed in January and February 1996.  On 17 April 2000, DFAS informed the applicant that his debt had been cancelled but he would have to apply to the Board for payment for his March 1996 duties.

CONCLUSIONS:

1.  The Board concludes that the applicant performed inactive duty training on    9 and 10 March 1996 in good faith.  Although the attendance roster for that period is not certified, the Board accepts it as sufficient evidence to show he did perform duty on those days.  

2.  It would be appropriate for the applicant to be paid all due pay and allowances for the duty he performed on 9 and 10 March 1996.  It would also be appropriate to credit him, as an exception to policy, with the retirement points he earned from the effective date of his transfer to 10 March 1996.

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 paying to the applicant all due pay and allowances for inactive duty training performed on 9 and 10 March 1996.

2.  That the applicant be credited with all retirement points earned from             31 December 1995 to 10 March 1996 as an exception to policy.

BOARD VOTE:  

__jns___  __rjw___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041765	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.	135.02	
3.		
4.		
5.		
6.