ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 April 2019

	DOCKET NUMBER:  AR20160013858


APPLICANT REQUESTS: payment of Reserve pay from March to June 2015.  He also requests a personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Privacy Act Consent Form
* Email traffic regarding his officer evaluation report
* Leave and Earnings Statement (LES) 
* DA Form 1380 (Record of Individual Performance of Reserve Duty Training) 

FACTS:

1.  The applicant states he communicated with his unit, the 475th Quartermaster Group until he retired in July 2015 to no avail.  He performed 9 Readiness Management Assemblies (RMA) between 16 March 2015 and 29 June 2015.  He submitted the required documents but still did not get paid. 

2.  The applicant providers Congressional correspondence with a Privacy Act Consent Form, an LES (no pay is reflected), and an unsigned DA Form 1380, dated 29 June 2005. 

3.  Review of the applicant's service records shows: 

	a.  He was appointed as a Reserve commissioned officer on 15 June 1985.  He was promoted to colonel in June 2014. 

	b.  He was transferred to the Retired Reserve on 1 July 2015. 

4.  The U.S. Army Reserve Command, Fort Bragg, NC, reviewed his case and rendered an advisory opinion.  An advisory official stated: 

	a.  Army Regulation (AR) 37-104-10 (Military Pay and Allowance Procedures for Reserve Components of the Army), dated 17 November 1989, is the controlling regulation. 

	b.  This Headquarters has reviewed the enclosed request for advisory opinion and referenced regulation and determine that the applicant has not provided the required supporting documentation to warrant payment of his Readiness Management Assemblies (RMA).  Unless he provides certified DA 1380 to demonstrate that he had approval to and did perform RMAs for compensation, recommend denial of his claim.

5.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal.  He did not respond. 

6.  By regulation (AR15-185), applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

7.  By regulation (AR 37-104-10), in order to ensure prompt payment of the unit training assembly or multiple training assemblies, the DA Form 1380 must be completed, signed, and authenticated by the authorizing official. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the applicant failing to provide the required supporting documentation (DA Form 1380) to warrant payment of his Readiness Management Assemblies (RMA), the Board concluded that there was insufficient evidence to warrant paying the applicant for the requested duties.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.



REFERENCES:

1.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

2.  Army Regulation 37-104-10 (Military Pay and Allowance Procedures for Reserve Components of the Army) provides policy for manual payments to soldiers in the Army National Guard and U.S. Army Reserve troop program units for performance of active duty.  The DA Form 1380 is the standard Department of the Army form, to record a Record of Individual Performance of Reserve Duty Training.  The responsible officer will sign copies forwarded to the various offices. 

ABCMR Record of Proceedings (cont)	 AR20160013858


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