PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 March 1999                   
	DOCKET NUMBER:   AR1999015694

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. James P. Steuve 		Member	
	Mr. Orville W. Troesch 		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, in effect, that an indebtedness to the Government be set aside and that she be reimbursed for any moneys already collected against the debt.

3.  The applicant states that she participated in two unit drills on 11-12 January 1997 and was paid on 22 January 1997.  On 28 January 1997, she received orders reassigning her from her USAR unit to ARPERCEN (Annual Training) with a retroactive date of 1 August 1996.  She states, in effect, that these orders caused her Finance Office to collect back her 11-12 January drill pay, but she provides no proof that this occurred.

4.  The applicant’s military records show that she was assigned to the 322nd General Hospital, Harrisburg, Pennsylvania, and performed unit drills on 
11-12 January 1997.  On 22 January 1997, she was paid for those two drills.  On 28 January 1997, orders were issued by the 77th Regional Support Command, Fort Totten, New York, retroactively assigning her to ARPERCEN (Annual Training), effective 1 August 1996.

CONCLUSIONS:

1.  The applicant performed unit drills on 11-12 January 1997 and was properly paid for those drills.  There is no evidence that this money was later collected back by Finance.

2.  Orders 028-25, 77th Regional Support Command, Fort Totten, New York, dated 28 January 1997, reassigned the applicant to ARPERCEN (Annual Training) with an effective date of 1 August 1996.  It is unjust and equitable to reassign the applicant by orders published 6 months after the fact.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending Orders 028-25, issued to the individual concerned, by changing the effective date from 01 August 1996 to 28 January 1997.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

      TSK         JPS          OWT       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR1999015694	
SUFFIX		
RECON		
DATE BOARDED	19990317	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.