SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  3 August 2000
	DOCKET NUMBER:  AR2000044490

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 15 December 1999 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. David E. Weightman		Senior Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 15 December 1999.

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit A:  ABCMR Proceedings, AR1997002859, 15 December 1999

THE BOARD ADDITIONALLY FINDS:

8.  On 18 July 2000, an official of the Defense Finance Accounting Service – Denver notified a Correction Board analyst of possible error in the applicant’s proceedings on 15 December 1999, resulting in the applicant’s indebtedness to the government.

9.  By e-mail, the DFAS official requested assistance in this case, and in effect, amendment of his application by requesting that his records be corrected by clarifying the Board’s recommendation paragraphs.

10.  In this case, the applicant was recommended for reinstatement in his previous AGR status, a full time KYARNG active duty status (Title 32, United States Code).  The Board’s recommendation was approved by the Deputy Assistant Secretary of the Army on 24 December 1999.

11.  His AGR status entitled him to regulated entitlements, including pay and allowances and active duty credit based on full time duty.  His AGR status did not include M-day entitlements, such as retirement, annual training and membership retirement points based on inactive duty training and annual training.

12.  The Board recommendation in paragraph 1.c.  erroneously recommended “1.c.  by awarding him constructive service credit, with award of retirement points at the rate of 50 points per retirement year (i.e., 12 points for Annual Training, 15 Membership points, and 23 points for drill), and with pay and allowances for each year applicant is reinstated to the KYARNG;”  This recommendation was in contradiction with reinstatement to his previous AGR status.

THE BOARD ADDITIONALLY CONCLUDES: 

12.  At the time of the Board’s 15 December 1999 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.

13.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was reinstated to his previous AGR status, and not “by awarding him constructive service credit, with award of retirement points at the rate of 50 points per retirement year (i.e., 12 points for Annual Training, 15 Membership points, and 23 points for drill), and with pay and allowances for each year applicant is reinstated to the KYARNG”, as erroneously stated in the Board’s 15 December 1999 decision in his case.

14.  The Board also notes that recommendation paragraph 1.c. was contradictory to his reinstatement to his previous AGR status, and must be deleted from the Board’s recommendation.

15.  In view of the foregoing findings and conclusions, and insofar as the Department of the Army is concerned, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 15 December 1999, to delete paragraph 1.c. from the Board’s recommendation for the individual concerned.

BOARD VOTE:

__js___  __cf___  __ec____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2000044490	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.