RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 March 2004                   
	DOCKET NUMBER:   AR2003088905

	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. Paul Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Robert L. Duecaster		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that the effective date of his transfer orders from an active status in a troop program unit (TPU) to the U.S. Army Reserve (USAR) Control Group (Annual Training) be changed from May 2002 to August 2002.

2.  The applicant states:

	a.  He was a member of a TPU in Arkansas, but moved to Virginia in July 2001.

	b.  He became lost in a "bureaucratic black hole" and the only contact he had with the Army was at his initiative [not further explained].

	c.  Because he was not drilling and not receiving pay, he contacted the Defense Finance and Accounting Service (DFAS) concerning an accumulating SGLI (Servicemember Group Life Insurance) debt and was told by DFAS to perform duty at his local US Army Recruiting Station.

	d.  He drilled at his local Recruiting Station on 4-5 June and 9-10 Jul 2002 and was paid.

	e.  On 6 August 2002, Headquarters, 99th Regional Support Command (RSC), Coraopolis, Pennsylvania published orders (Orders C2-218-00029) reassigning him to the USAR Control Group (Annual Training), effective 21 May 2002.

	e.  In December 2002, he was notified by DFAS that he was in debt for the drill pay he received on 4-5 June and 9-10 July 2002 because of the orders published by the 99th RSC.

3.  The applicant also states that, if he had known about the orders before he performed the drills, he would not have done so, but the orders were published after he performed the drills and backdated to 21 May 2002.

4.  The applicant provides:  a written statement in his own behalf; a copy of the reassignment orders, dated 6 August 2002, from the 99th RSC; a copy of a letter from DFAS, dated 12 February 2003, explaining his indebtedness; a copy of orders assigning the applicant from Arkansas to Virginia; and two copies of his LES.

CONSIDERATION OF EVIDENCE: 

1.  On 29 April 1997, the applicant enlisted in the Army Reserve for 8 years.  Subsequently, he was ordered to active duty for training from 20 May 1997 to 28 August 1977 when he was released to return to his TPU in Arkansas.

2.  The applicant served in his TPU in Arkansas until 30 August 2001 at which time he was reassigned to the 99th RSC in Pennsylvania.  Orders show his home address as being in Virginia.

3.  On 6 August 2002, the 99th RSC published orders assigning him to the USAR Control Group (Annual Training) with an effective date of 21 May 2002.

4.  Army Regulation (AR) 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer of USAR soldiers.

DISCUSSION AND CONCLUSIONS:

1.  For unknown reasons, neither the applicant nor the 99th RSC in Pennsylvania aggressively tried to communicate with each other after the applicant was transferred from Arkansas to Virginia.  The applicant received no assignment and began performing drills at a local Recruiting Station.  There was also no communication between the applicant and the 99th RSC concerning his effective date for reassignment to the USAR Control Group.  Backdating the reassignment orders to May 2002 made the applicant's duty performance in June and July 2002 improper and led to the DFAS collection efforts.

2.  There is no evidence that the applicant tried to join a TPU on his own even though he knew he had a remaining Reserve obligation.  He admits to attending drills only after being advised by DFAS to do so in order to alleviate his SGLI indebtedness.

3.  There is no evidence in file as to why the 99th RSC decided to backdate the effective date of transfer to the USAR Control Group (Annual Training).  The applicant does not indicate whether or not he advised the 99th RSC that he had been performing drills on his own during the months of June and July 2002.  Had there been communication, and had the 99th RSC been aware of the drills, the effective date of transfer could have been established for a date after 10 July 2002.

4.  As a matter of equity and compassion it would be appropriate to change the effective date of the transfer orders in this case to 31 July 2002.  The Army still has the services of a qualified Reservist, if needed, in the USAR Control Group (Annual Training), so this change will not adversely affect the mission of the USAR.

BOARD VOTE:

__fne___  __aao___  __rld___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders 02-218-00029 dated 6 August 2002 by showing the effective date as being 31 July 2002 and DFAS audit his account for any adjustments as a result of this correction.

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088905	
SUFFIX		
RECON		
DATE BOARDED	20040302	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.