SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2001052005

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 9 November 2000 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Ms. Lee Tinsley		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 9 November 2000.

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

9.  The Department of Defense Financial Management Regulation, Volume 7, Part B, Section D, Uniform Retirement Date Act (URDA) Application (Title 5, U.S.C. 8301 (b)) states that “except as otherwise specifically provided by statute, retirement is effective on the first day of the month after that in which retirement would otherwise be effective.”

THE BOARD ADDITIONALLY CONCLUDES: 

4.  At the time of the Board’s 9 November 2000 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.  The Board now notes, based on the provisions of the Financial Management Regulation, that the original conclusions should have read “As such the Board concludes that it would be in the interest of justice to grant the applicant an early retirement, effective 31 August 1995, and his name placed on the retired rolls the following day, in view of the fact the applicant continued to serve on active duty until 16 August 1995.”

5.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was in an excess leave status between 
17 and 31 August 1995 in order to preclude any additional problems associated with retroactive pay and allowances.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 
9 November 2000, to show:

	a.  by voiding the action and DD Form 214 separating the individual concerned from active duty on 16 August 1995;

	b.  by placing the applicant in an excess leave status on 
17 August 1995;

	c.  by issuing retirement orders and a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing that he was retired under the FY95 Early Retirement and Early Release Program with VSI/SSB (Phase II) on 31 August 1995 with placement on the Retired List 1 September 1995; and

	d.  by paying him back pay and allowances from the date of retirement, 
1 September 1995.

BOARD VOTE:

__ao___  __to___  __bh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001052005	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
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.  189.00	Supplemental (Chg retirement date to EOM)	
2.		
3.		
4.		
5.		
6.