SUPPLEMENTAL PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 November 1998
DOCKET NUMBER: AC97-07429A
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 10 June 1998 were affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.
Member
The applicant and counsel, if any, did not appear before the Board.
The Board considered the following additional evidence:
Exhibit C - Prior proceedings
THE BOARD ADDITIONALLY FINDS:
17. Subsequent to approval of the proceedings in this case, it was determined that the applicants records should also be corrected to account for the nonrated time from the date of his last NCOER, while on active duty, to the date the Board returned him to active duty (April 1996 through September 1998).
18. Army Regulation 15-185, Army Board for Correction of Military Records, paragraph 21e, provides, that the application for correction of military record, supporting documents, proceedings of the Board and decision of the Secretary of the Army will be filed in the permanent military record of the subject of the application except that where such action would nullify the relief granted, the application, etc., will be retained in the files of the Correction Board.
THE BOARD ADDITIONALLY CONCLUDES:
6. At the time of the Boards original decision in this case, it was the intent of the Board to make the applicants record as administratively correct as it should properly have been at the time.
7. Therefore, it would be appropriate that an adequate explanation be placed in the applicants OMPF concerning the gap in his NCOERs from the date of his last report until the date of his return to an active duty status. Such explanation is necessary to show that the nonrated time in his file was not his fault which would ensure that he will not be prejudiced because of it in any future personnel actions.
8. In order to preclude any future prejudicial actions as a result of the corrections directed herein, all documents relating to this case should be returned to this Board for permanent filing.
9. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants 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 Boards recommendation appearing in the proceedings, dated 22 July 1998, to show:
a. that a nonprejudicial explanation will be placed in the OMPF of the individual concerned to show that any gap in his NCOERs from the date of his last report on active duty to the date of his return to an active duty status was not through any fault of his own; and
b. that in accordance with Army Regulation 15-185, paragraph 21e, following completion of the administrative corrections directed by this Board, the proceedings and all other documents related to this case will be returned to this Board for permanent filing.
BOARD VOTE:
RVO MKP JHK GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
Raymond V. OConor, Jr.
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