PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001060950

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 she receive payment for the dates she drilled before her appointment orders were revoked.

3.  The applicant states that she voluntarily separated from active duty on 31 July 2000 and was accessed into the Kansas Army National Guard (KSARNG) on     1 August 2000.  All her paperwork was in order except for a physical examination.  She was not able to obtain a copy of her health records from Fort Hood, TX and the State of Kansas erroneously accessed her.  She finally took a physical in October 2000 but did not meet the height and weight standards so her appointment orders were revoked in January 2001.  She had drilled with her unit from August 2000 through January 2001 but she is now being charged a debt of $2363.26 for the pay she earned during those drills.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  Orders 148-002, State of Kansas, Office of the Adjutant General dated         24 August 2000 appointed the applicant a captain in the ARNG, subject to Federal recognition, effective 1 August 2000.  

6.  Orders 005-003, State of Kansas, Office of the Adjutant General dated 9 January 2001 revoked these orders.

7.  Memorandums from the Military Personnel Officer, KSARNG; the G-1, 35th Infantry Division; and the G-4, 35th Infantry Division substantiate the applicant’s contention that she performed scheduled unit drills from August 2000 through January 2001.

CONCLUSIONS:

1.  The Board concludes that the applicant performed drills from August 2000 through January 2001 in good faith.  She should not be penalized because her August 2000 appointment orders were not revoked until January 2001.

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 paying the applicant, as an exception to policy, any pay due as a result of her performing drills from August 2000 through January 2001 and that she be credited with any retirement points earned for these drills.

BOARD VOTE:  

__kak___  __reb___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060950	
SUFFIX		
RECON		
DATE BOARDED	20011211	
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.