IN THE CASE OF: BOARD DATE: 18 February 2009 DOCKET NUMBER: AR20080006788 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that the $10,882.59 of pay and allowances recouped from him for his period of service from 1 June 2006 through 15 July 2006 be restored. 2. The applicant states, in effect, that during the period in question he was present and performing military duties at Fort Huachuca, Arizona, attending the Military Intelligence Officer Basic Course (MIOBC) and that the recoupment of the pay and allowances in question was unjust. 3. The applicant provides a self-authored memorandum and the six documents indentified as exhibits in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant's record shows that on 3 March 2006, while serving as a member of the Massachusetts Army National Guard (MAARNG), he was ordered to active duty for training (ADT) by MAARNG Orders 062-150. The purpose of the ADT was to attend the MIOBC at Fort Huachuca, Arizona, during the period from 30 April 2006 through 8 September 2006. 2. On 2 June 2006, the applicant was suspended from the MIOBC course for a security clearance issue. He remained at Fort Huachuca and was ultimately cleared to reenter the MIOBC. He was on leave from 1 July 2006 through 8 July 2006, he returned to Fort Huachuca on 9 July 2006, and he reentered the MIOBC on 11 July 2006. 3. MAARNG Orders 062-150, dated 3 March 2006, ordered the applicant to ADT from 30 April 2006 through 8 September 2006 to attend the MIOBC. MAARNG Orders 229-101, dated 17 August 2007, amended Orders 062-150 for the ADT period to read 30 April 2006 through 2 June 2006. MAARNG Orders 255-102, dated 11 September 2007, ordered the applicant to ADT from 9 July 2006 through 28 October 2006 to attend the MIOBC. 4. On 26 October 2006, the applicant successfully completed the MIOBC. 5. During the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) Chief, Claims Branch, Directorate of Debt and Claims Management. This official states that during the period the applicant was suspended from the OBC, his ADT orders were neither terminated nor revoked, nor were orders issued to authorize his return home. She further indicates that the applicant fully executed his orders and successfully completed the MIOBC, which was the intent of the original ADT orders. As a result, this DFAS official recommends the applicant be granted partial relief by charging him for ordinary leave from 1 through 8 July 2006; by recouping any per diem paid for this period of leave; by authorizing all other pays and allowances received by the applicant while he was training, which should be considered entitlement for duty performed; and the funds collected from the applicant should be restored to him accordingly. 6. On 13 January 2008, the applicant concurred with the DFAS advisory opinion. 7. Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System. Chapter 2 contains guidance on orders formats and paragraph 2-21 contains guidance on amendments, revocations, and rescissions and states, in pertinent part, that only the unexecuted portion of the order will be rescinded if any action has been taken in compliance with the order. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the $10,882.59 of pay and allowances recouped from him for his period of service from 1 June 2006 through 15 July 2006 be restored was carefully considered and found to have partial merit. The evidence of record confirms the applicant was ordered to ADT to complete the MIOBC and that he fully executed his orders and successfully completed the MIOBC. As a result, it would be appropriate to correct his record by issuing necessary orders that authorize his entire period of ADT between 30 April 2006 and 26 October 2006 and showing he was on ordinary leave from 1 July 2006 through 8 July 2006. 2. In view of the facts of this case, it would be appropriate to correct the applicant's record as recommended in the DFAS opinion provided. As a result, his record should be corrected by charging him leave for the period from 1 July 2006 through 8  July 2006 and recouping any per diem he received for this period. All other pay and allowances he received while in training should be authorized as "entitlement for duty performed" and the funds collected from the applicant should be restored to him accordingly. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and MAARNG records of the individual concerned be corrected by: a. issuing necessary orders/amendments to show he was on active duty for training from 30 April 2006 through 26 October 2006; b. charging him ordinary leave for the period from 1 July 2006 through 8 July 2006; c. authorizing him all pay and allowances received during his period of training as "entitlement for duty performed"; and d. restoring to him all funds collected minus per diem received during his period of ordinary leave from 1 July 2006 through 8 July 2006. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to restoration of any per diem paid during the period of charged ordinary leave from 1 July 2006 through 8 July 2006. _______x__________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080006788 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006788 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1