SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 June 2002
	DOCKET NUMBER:   AR2002074933

	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 11 October 2001 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 11 October 2002.

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		Member	

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

	The Board considered the following additional evidence:

	Exhibit A- Telephone conversation between an official of the Total Army Personnel Command (PERSCOM) and a member of the Board staff pertaining the legal requirement for establishing the 1st day of the month as a retirement date.  

16.  In its original deliberation on this case on 11 October 2001 (AR2001056850), the Board made the following recommendations:  that the applicant’s record be corrected to show that he was released from active duty (REFRAD), by reason of early retirement, under the provisions of the Fiscal Year (FY) 1995 (95) Enlisted Early Retirement Program, in lieu of the current parenthood discharge of the same date he now holds; that on the following day he was placed on the Retired List in the rank and pay grade of SFC/E-7; that he be provided all back pay and allowances due as a result, minus any monies received as a result of his involuntary separation; and that he be issued a corrected separation document that reflected these changes. 

17.  On 13 June 2002, a member of the Board staff was contacted by the Total Army Personnel Command (PERSCOM) official responsible for implementing the Board’s recommendations in this case.  This PERSCOM official pointed out that by law, a member must be placed on the Retired List on the first day of the month.  Therefore, action could not be completed on the Board’s recommendation in the applicant’s case until an amendment was made to the Board’s proceedings to comply with this legal requirement.  

18.  Army Regulation 635-200, chapter 12, prescribes the policy and procedures for enlistment retirements for length of service.  Paragraph 12-3(d) states, in pertinent part, that for members of the Regular Army retiring from active duty status, the date of retirement is the first day of the month following the month in which the soldier is REFRAD.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  The Board’s original intent in this case was to correct the applicant’s record to grant an early retirement in lieu of the parenthood discharge the applicant received on 4 January 1995.  Given the legal requirement that the retirement date of an enlisted member of the Regular Army be the first day of the month, the Board now concludes that its original recommendation in this case should be amended to satisfy this legal requirement in order to allow PERSCOM officials to finalize the Board’s original recommendation for relief in this case. 

7.  In reviewing the new facts presented in this case, the Board further concludes that in order to comply with the legal requirement to establish the applicant’s retirement date on the first day of the month, in this case 1 February 1995, it is necessary to direct that applicant be placed in an excess leave status from 
5 January 1995, the day following the date he was originally REFRAD, through 31 January 1995, the date being established as his REFRAD for the purpose of early retirement, in order to place him on the Retired List, effective on 1 February 1995, the first day of the month following his REFRAD.  

8.  In view of the additional factors in this case, the Board’s original recommendation in this case should be amended to allow for the applicant’s record to be corrected to show he was in an excess leave status from 5 January 1995 through 31 January 1995; that he was REFRAD under the provisions of the FY95 Enlisted Early Retirement Program on 31 January 1995; that he was placed on the Retired List, in the rank and pay grade of SFC/E-7 on 1 February 1995, in lieu of the current 4 January 1995 parenthood discharge he how holds; and by providing him a corrected separation document that reflects these changes. 

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 (AR2001056850), dated 11 October 2001, to read:

a.  that the individual concerned was on excess leave from 5 January 1995 to 
31 January 1995;

b.  that he was REFRAD on 31 January 1995, by reason of early retirement under the provisions of the FY95 Enlisted Early Retirement Program, in lieu of the 4 January 1995 parenthood discharge he now holds; 

c.  that he was placed on the Retired List, in the rank and pay grade of SFC/E-7, on 1 February 1995; 

d.  by providing him any back pay and allowances due as a result of his retirement, minus any monies received as a result of his involuntary separation; and 

e.  by issuing him a corrected separation document that reflects these changes. 

BOARD VOTE:

__KAK__  __MHM__  __ALR__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002074393	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/18	
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.	136.0000	
2.		
3.		
4.		
5.		
6.