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ARMY | BCMR | CY2001 | 2001060683C070421
Original file (2001060683C070421.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF:



         BOARD DATE: 14 August 2001
         DOCKET NUMBER: AR2001060683


         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 9 January 2001 were affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.

Mr. Carl W. S. Chun Director
Mr. Vic Whitney Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 9 January 2001.

Mr. Walter T. Morrison Chairperson
Mr. Joe R. Schroeder Member
Mr. Ronald E. Blakely Member


         The applicant and counsel, if any, did not appear before the Board.











THE BOARD ADDITIONALLY FINDS:
19. In implementing the Board’s approved recommendation f. of the 9 January 2001 proceeding, an interpretation was provided by the Army Reserve Personnel Command that this period of service must equal six calendar months. Title 10, United States Code, section 1370(d)(3)(B), requires at least 6 months of satisfactory service in the higher grade to be credited with satisfactory service in that grade. Although the Board’s recommendation provided for 182 days of service in the pay grade of O6, it was 1 day short of six calendar months.

THE BOARD ADDITIONALLY CONCLUDES:

6. At the time of the Board’s 9 January 2001 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time it voted to allow his retirement in the pay grade of O6 effective 1 December 1998.

7. In view of the additional factor in this case the applicant is entitled to correction of his record to show he was continued on active duty in the pay grade of O6 until 31 December 1998, and retired in that grade effective 1 January 1999.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s 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 Board’s recommendation appearing in the proceedings, dated 9 January 2001 to show:

         a. in recommendation b. that the individual concerned was extended on active duty in his AGR status until 31 December 1998;

         b. in recommendation e. that he was entitled to and paying him all back pay and allowances due for active duty service in the pay grade of O6 from 2 June through 31 December 1998; and









         c. in recommendation f. that he was separated from active duty in the pay grade of O6 on 31 December 1998 and transferred to the Retired Reserve on 1 January 1999 with the appropriate recomputation of his service.

BOARD VOTE :

__wm_ __js____ ___rb_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison___
                  CHAIRPERSON



INDEX

CASE ID AR2001060683
SUFFIX
RECON
DATE BOARDED 20010814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION SUPPLEMENTAL GRANT
REVIEW AUTHORITY
ISSUES 1. 131.04
2. 136.01
3.
4.
5.
6.

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