PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            20 June 2000                  
	DOCKET NUMBER:    AR1999034867

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his records to show he was authorized rations-in-kind-not-available (RIKNA) effective 29 March 1999.

3.  The applicant states that after being paid for separate rations he later learned he should have been getting paid for RIKNA instead.

4.  The applicant’s military records were not available.  Information herein was provided by the applicant who is currently a sergeant first class serving on active duty.

5.  On 16 September 1998, U.S. Army Garrison, Fort Belvoir, Virginia, issued Orders 259-16 announcing the departure of the applicant to attend the Apprentice Criminal Investigation Division Special Agent Course at Fort McClellan, Alabama from 17 November 1998 to 19 March 1999.

6.  On 14 December 1999, a DA Form 4187 (Personnel Action) was signed approving the applicant’s request to receive payment for RIKNA effective 29 March 1999.

7.  The applicant completed the Apprentice Criminal Investigation Division Special Agent Course on 19 March 1999 and was awarded a diploma.

8.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  It concludes that the applicant began receiving RIKNA on 10 November 1999.  He was eligible for the difference in basic allowance for subsistence and RIKNA for the period 29 March 1999 through 9 November 1999 (less leave periods of 30 June 1999 – 1 July 1999 and 10 August 1999 – 20 August 1999).  DFAS recommends approval of the applicant’s request; however, ABCMR action is required to approve a retroactive entitlement.  The advisory opinion was provided to the applicant with no response as of this date.

CONCLUSIONS:

1.  The advisory opinion and the DA Form 4187 support the applicant’s contention that he should have been paid for RIKNA effective 29 March 1999 less the two leave periods of 30 June 1999 – 1 July 1999 and 10 – 20 August 1999.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was authorized RIKNA for the period 29  March 1999 through 9 November 1999, less the two leave periods from 30 June - 1 July 1999 and 10 –20 August 1999; and

	b.  paying to him any back pay due as a result of this action.

BOARD VOTE:  

___vbc__  ___jea___  ___ewl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Van B. Cunningham______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034867	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000620	
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.	128.12	
2.		
3.		
4.		
5.		
6.