PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 January 2000                   
	DOCKET NUMBER:   AR1999032408

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		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 he be authorized rations-not-available (RNA/BAS) for the period 28 September 1998 to 3 September 1999 (through 2 September 1999).

3.  The applicant states that his attachment orders did not specify he was attached for rations purposes.

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 April 1998.

5.  On 28 September 1998, the applicant was attached to Fort Hamilton, NY.  His initial attachment orders are not available but apparently they failed to state he was attached for rations.  The orders were amended on 23 November 1998 and 3 September 1999.  The amended orders state he was attached for rations.  On 22 September 1999, the applicant requested rations-not-available effective        28 September 1998.  His commander verified the information on his request.

6.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN).  DFAS-IN recommended approval of the applicant’s retroactive request for RNA/BAS for the period 28 September 1998 through 2 September 1999 (noting RNA/BAS was started on 3 September 1999).  DFAS-IN noted that the request for RNA/BAS did not meet the requirement for prompt written confirmation of an oral authorization for the retroactive entitlement to be processed by the finance office.  The Department of Defense Financial Management Regulation defines “prompt” as within 5 working days under normal circumstances.

7.  The advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.  The applicant was verbally authorized RNA on 28 September 1998.  The verbal authorization was not confirmed in writing until 23 November 1998 (when the first amendment to his attachment orders were published) and finally by request on 22 September 1999.  Since both these events were more than 5 working days after the verbal authorization, the finance office was prevented by regulation from processing his request for retroactive entitlement to RNA.

2.  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 authorizing the applicant rations-not-available for the period 28 September 1998 through 2 September 1999.

BOARD VOTE:  

__ew____  __js____  __alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Edward Williamson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032408	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.12	
2.		
3.		
4.		
5.		
6.