PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           23 July 2002                   
	DOCKET NUMBER:   AR2001064615

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Gail J. Wire		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 paid proficiency pay for the period 21 May through 31 August 1999.

3.  The applicant states that he performed the duties of AGR-FTM (Army Guard/Reserve-Full Time Manning) recruiter during the period in question and has not received the proficiency pay to which he is entitled.

4.  The applicant’s available military records show that during the period 21 May through 31 August 1999, he performed the duties of military occupational specialty 79T (Reserve Recruiting Noncommissioned Officer) in the AGR Program for the Maryland Army National Guard (MDARNG).

5.  On 11 June 1999, the MDARNG published Orders 090-110 MD-STRAC-ARP (Corrected Copy) announcing the award of proficiency pay to the applicant effective 21 May 1999.  This corrected copy does not identify the correction made.

6.  On 26 August 1999, the MDARNG published Orders 132-041 MD-STARC-ARP announcing the voluntary separation at the individual’s request of the applicant effective 31 August 1999, based on voluntary early release in the best interest of the Government.

7.  On 31 August 1999, the applicant was released from his AGR status only and returned to his MDARNG traditional soldier status effective 1 September 1999.  His separation document shows he completed 8 months of active duty.

8.  On 21 November 2000, his unit commander completed a DD Form 114 (Military Pay Order) in an attempt to have the individual paid for the period        21 May through 31 August 1999.

9.  On 14 June 2001, a claims examiner in the Directorate of Debt and Claims Management, Defense Finance and Accounting Service, Denver Center, returned the claim to the applicant’s commander indicating that no action would be taken based on the effective date of the entitlement being prior to the date of the orders that authorized the entitlement.

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant’s entitlement to proficiency pay for the period 21 May through 31 August 1999.

2.  Although the MDARNG failed to properly document this entitlement, the individual concerned should not be penalized for their errors.

3.  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 showing the individual concerned is entitled to AGR-FTM recruiting proficiency pay for the period 21 May through 31 August 1999.

BOARD VOTE:  

_GJW____  _HOF___  _JLP___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064615	
SUFFIX		
RECON		
DATE BOARDED	20020723	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	108	
2.		
3.		
4.		
5.		
6.