PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000044619

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 the approval date of his request for separate rations be changed.

3.  The applicant states that he turned in a request for separate rations on 30 May 2000, however the request was lost.  After discovery of the loss on 28 June 2000, he resubmitted his request.  He believes he should be paid the monies he would have received if his request had not been lost through no fault of his own.  In support of his request, he submits a copy of DA Form 4187 (Personnel Action) requesting separate rations and an assumption of command memorandum.

4.  The applicant’s military records show that he enlisted in the Regular Army on 7 October 1996.  He was trained as an 45E (M1A1 Abrams Tank Turret Mechanic).  He is currently a sergeant serving on active duty.

5.  On 29 June 2000 the applicant’s company commander signed a DA Form 4187 approving his request for separate rations effective 30 May 2000.

6.  In the processing of this application an advisory opinion was obtained from Defense Finance and Accounting Service (DFAS), who recommended that the Board approve the applicant’s request for retroactive separate rations for the period 30 May through 28 June 2000.  The DFAS states that it could not approve the request because it did meet the requirement of approval for separate rations, which must be confirmed in writing within 5 working days under normal circumstances.  This opinion was provided to the applicant for comment but no response has been received.

CONCLUSIONS:

1.  The applicant’s contention that he is eligible for separate rations for the period 30 May to 28 June 2000 is credible and supported by the DA Form 4187 and the DFAS advisory opinion.

2.  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 by:

a.  showing that the individual concerned was properly approved for separate rations effective 30 May 2000; and 

b.  paying to him separate rations for the period 30 May to 28 June 2000.

BOARD VOTE:  

__aao___  ____teo _  ___bfh __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
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.  		
2.   		
3.   		
4.		
5.		
6.