PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            6 March 2001   
	DOCKET NUMBER:   AR2000044099

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Harry B. Oberg		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 reconsideration of his previous application to correct his military records to show he accepted a Reserve commission in the Ready Reserve concurrent with his 1992 separation from active duty.  He seeks this correction in order to recoup payment of his Special Separation Bonus (SSB).  He submits letters from officials at Fort Jackson, South Carolina attesting to the fact that they would not have released payment of the applicant’s Special Separation Bonus (SSB) without confirmation that he had executed an oath accepting the Reserve commission.  He also notes, and is supported in his contention by a letter from the Principal Deputy Assistant Secretary for Reserve Affairs, Office of the Assistant Secretary of Defense, that there was no requirement for members of the Individual Ready Reserve (IRR) to acquire retirement points until 1994 and individuals who did not meet retirement point requirements were not separated until 1997, two years after his Reserve obligation would have terminated.  He also submits copies of his letters notifying him he has been non-selected for promotion in 1995 and 1996 as well as a “retirement point” work sheet for the years 1992 through 1995.

3.  Additionally, the applicant noted in his original request that his SSB payment should be adjusted to reflect his correct period of service (date of entry 
22 December 1984 vice 22 December 1985) which was corrected after his separation from active duty.

4.  The applicant’s submissions are new evidence that requires Board consideration.

5.  The Memorandum of Consideration (MOC) of the Board’s 27 April 2000 review of his case (AR1999029094) is incorporated herein by reference as if wholly set forth.

CONCLUSIONS:

1.  The original MOC noted that the absence of the applicant’s copy of his Reserve commission was an indication that he did not execute such an oath.  It also concluded that even if the applicant had executed the oath the fact that he did not meet minimum membership requirements would have resulted in his involuntary separation from the IRR and by default recoupment of his SSB payment.

2.  However, his 1992 separation document, Reserve retirement point work sheet and notification of his non-selection for promotion in 1995 and 1996 is sufficient evidence to conclude that in spite of the fact that he cannot produce of copy of his Reserve commission he was a member of the IRR following his release from active duty and as such fulfilled the requirement of Ready Reserve membership for receipt of the SSB.

3.  Additionally, the Board now notes that accumulation of a certain number of retirement points during his period of membership was not a requirement at the time he was transferred to the Ready Reserve and should not serve as a basis to deny the relief requested.

4.  In view of the fact that the Board now concludes that it would be appropriate to validate his acceptance of a Reserve commission, the Board also believes that it would be appropriate for Defense Finance and Accounting Officials to recalculate his SSB payment based on the adjustment of his service dates noted in his original request.

5.  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 be corrected:

a.  by showing that the individual concerned executed a Reserve commission in the Ready Reserve effective 22 September 1992; and

b.  by restoring entitlement to his SSB payment, including any additional funds he may be entitled to based on a recalculation of the entitlement resulting from his adjusted dates of service (22 December 1984 through 21 September 1992 vice 22 December 1985 through 21 September 1992).

BOARD VOTE:  

__sk____  ___ewl__  ___hbo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
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.	110.00	
2.		
3.		
4.		
5.		
6.