PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 June 2000                  
	DOCKET NUMBER:   AR1999034575

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 a reconsideration of his request to correct his records to show an expiration of term of service as 27 September 1996 vs. 27 July 1996 and that he be relieved of any indebtedness to the government as a result of this error. 

3.  The applicant states, in effect, that the documentation he has submitted showing his attendance at the Phase II Basic Military Police Training Course, during the August active duty training period, and the statement from his unit of weekend drill participation for the period 6-8 September 1996 shows that the records are incorrect in listing his termination of active reserve duties as 27 July 1996. 

4.  The Memorandum of Consideration reflecting the Board’s 14 April 1999 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a set of orders directing him to report to Fort Dix, New Jersey for annual training for the period 3 August 1996 through 17 August 1996.  In addition to the orders he submits a diploma for completion of 95B Phase II Military Police School dated 16 August 1996 and a Service School Academic Evaluation Report for the period of 3 August 1996 through 16 August 1996.  He also submits three medical documents showing military medical care for foot problems on or about 13 August 1996.

6.  The applicant also submits a copy of his leave and earnings sheet.  This document shows attendance with pay for drill weekends from September 1995 through July 1996 (code 22) and attendance at a military service school in an active duty training status (code 50) for the period 3 August 1996 through 17 August 1996.  The applicant has previously submitted evidence that he also attended a reserve drill period from 6-8 September 1996.

7.  Attempts to obtain additional records or information from the applicant’s reserve unit met with no success.

CONCLUSIONS:

1.  While the evidence of record does not show that the applicant served in a pay and/or active drill status through 27 September 1996, it does show that he did serve in this capacity until 8 September 1996.  In as much as the record has substantiated the applicant’s contentions in all other details, as an exception to policy, the Board concludes that he should be given the benefit of the doubt and his records corrected to show termination of active reserve status as of 27 September 1996.

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify and injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected showing that the individual concerned terminated his active participation with his unit and was transferred to the USAR Control Group (Reinforcement) on 27 September 1996 and was entitled to pay and benefits through that date.

BOARD VOTE:  

__LLS___  __AAO__  __RA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034575	
SUFFIX		
RECON	 	
DATE BOARDED	20000622 	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.	128.14	
3.	128.15	
4.		
5.		
6.