2.  The applicant requests that he be paid for the drills he was unable to attend from 2 February 1987 to 31 July 1988 due to his erroneous discharge from the USAR.

3.  He states that his discharge from the USAR was found to be inappropriate by this Board and was ordered revoked.  This Board further granted him retirement points for the time he was without military status.  However, he still has not been paid for that time.  If he had not been erroneously discharged, he would have drilled with his unit and received the pay he is now requesting.

4.  The applicant's military records show that while he was assigned to a USAR unit as a major, he was involuntarily discharged because he had been considered but not selected for promotion to lieutenant colonel on two occasions.  The promotion board had not recommended him for promotion because he had not completed 50 percent of the Command and General Staff College (C&GSC).

5.  On 16 November 1987 this Board approved a Standby Advisory Board (STAB) which recommended the applicant’s promotion to lieutenant colonel.  The STAB determined that he had completed 50 percent of C&GSC 5 days before the second promotion board convened.

6.  Based on the approved recommendation of the Board, the applicant’s 2 February 1987 discharge from the USAR was revoked on 26 July 1988 and he was promoted to lieutenant colonel effective 17 August 1987.  The Board also granted him qualifying service for the time he was without military status.

CONCLUSIONS:

1.  The applicant was unable to attend unit training assemblies and annual training with his unit due to his erroneous discharge.

2.  Although his discharge has now been revoked and he has been credited with retirement points for the period he was without military status, he has been denied pay for the training he would have performed with his unit, had it not been for his erroneous discharge.

3.  It is reasonable to presume that the applicant would have attended all scheduled unit training assemblies and annual training with his unit, had he not been involuntarily separated.  As such, it would be in the interest of justice to authorize payment for the drills and active duty his former unit performed as a result of an approved schedule from the date of his discharge to the date his discharge orders were revoked.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned participated in all of his unit’s scheduled unit training assemblies and annual training from the date of his discharge to the date his discharge orders were revoked.

2.  That he be paid the money he would have earned for his participation in those unit training assemblies and annual training.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON