PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  13 March 2001
	DOCKET NUMBER:  AR2000047911

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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, in effect, that he be paid for attending USAR unit training on 30 July, 5 and 6 August, and 9 and 10 September 1995.  He also requests that the money he was charged for lost equipment be returned.

3.  The applicant states, in effect, that he had to return his drill pay for those dates because his separation order was backdated to an earlier effective date.  He also states that he paid over $500 for lost equipment that he did not lose.

4.  The applicant’s military records show that he was serving in the pay grade of E-5 in a USAR unit when he signed a request for transfer to the Retired Reserve after reaching his maximum years of service in grade.  The applicant and the unit commander signed the request on 5 August 1995.  The form states that the effective date of reassignment was to be the date of the orders.  The applicant and a unit NCO previously signed an addendum to his request for separation concerning his options on 30 July 1995.

5.  On 22 September 1995 the appropriate authority issued Orders Number 265-29 which transferred the applicant to the Retired Reserve effective 30 July 1995. The separation authority cited was Army Regulation 135-205.  He was also authorized special separation pay.

6.  On 13 March 1998 he was informed by the Defense Finance and Accounting Service (DFAS) that he had a prior valid debt to the Government of $505.35 for overpayment of 5 unit drills.  It was noted that he received payment for those drill dates but his separation was recorded as 30 July 1995.  His debt had been paid in full by diversion of his Federal tax refund.

7.  In the processing of this case an advisory opinion was obtained from the DFAS, debt and claims management office.  The opinion notes the separation order effective date of 30 July 1995, and the payment of unit drill attendance for 30 July, 5 and 6 August, and 9 and 10 September 1995.  The debt was paid in full and closed on 13 March 1998.  Additionally, the DFAS has no pay record of a debt collected for lost equipment.  The advisory opinion was provided to the applicant for comment but no response has been received in the time required.

8.  A review of all available records in this case indicates that the applicant continued to participate and attend unit drills through the end of September 1995. He was present with his unit and signed his request for transfer on the unit drills of 30 June and 5 August 1995.  His retirement point statement of service was not closed out until 2 October 1995.

CONCLUSIONS:

1.  There is no documentation in the available records, or provided by the applicant, to show that he was charged for lost equipment or that any such payment was in error or an injustice.

2.  Notwithstanding the opinion from the DFAS, an error occurred when the applicant was issued a separation order with an effective date 2 months earlier than the issue date, while he was still participating in unit drills.  The effective date of his separation should be amended to read 30 September 1995 with entitlement to the pay that he previously received.

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 for the individual concerned be corrected by:

	a.  amending his separation, Order Number 265-29, to show his effective date as 30 September 1995; and

b.  by returning to him all pay and allowances for his unit drill participation that he previously received.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jh____  __jm___  ___dh_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047911	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.