PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 December 1999                   
	DOCKET NUMBER:   AR1999032338

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 his retirement orders be corrected to show his component as U. S. Army Reserve (USAR).

3.  The applicant states that his retirement orders erroneously show his component as Regular Army (RA).  This error is causing a reduction in his retired pay as a result of the dual compensation laws.

4.  The applicant’s military records show that after having had prior enlisted service he was appointed a second lieutenant in the USAR on 10 November 1981 and concurrently ordered to active duty.

5.  There is no evidence of record to show the applicant ever applied for a Regular Army appointment.  His Officer Record Brief (ORB) dated 28 August 1995 shows his component as USAR.  On 1 November 1995, he retired in the rank of captain.  His DD Form 214 correctly shows his component as USAR.  His retirement orders erroneously show his component as RA.

6.  Army Regulation 600-8-29 prescribes the officer promotion function of the military personnel system.  In pertinent part, it states that commissioned officers, other than RA officers, who entered their current tour of active duty after            30 September 1981 and decline an RA appointment upon promotion to major will be released from active duty (i. e., automatic integration into the RA unless declined).

CONCLUSIONS:

1.  The Board concludes a Government error occurred in this case.  The applicant entered active duty as a USAR officer.  There is no evidence of record to show he ever applied for RA appointment and, since he was never promoted beyond the rank of captain, he was never automatically integrated into the RA.

2.  The applicant’s ORB and his DD Form 214 correctly show his component as USAR.  His retirement orders erroneously show his component as RA.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending orders S191-13, U. S. Total Army Personnel Command, dated       4 October 1995 to change the applicant’s component to read USAR.

BOARD VOTE:  

_hof____  __mw____  __dw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032338	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.