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ARMY | BCMR | CY2001 | 2001061779C070421
Original file (2001061779C070421.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF:
        


         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001056946


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

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 19 June 2001 .

Mr. Luther L. Santiful Chairperson
Mr. John T. Meixell Member
Mr. Melvin H. Meyer Member


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

         The Board considered the following additional evidence:

         Exhibit







THE BOARD ADDITIONALLY FINDS:

15. Subsequent to the Board’s 19 June 2001 decision in this case it has been determined by Department of Defense Accounting Services (DFAS) officials that the applicant was not paid his full entitlement of RRMIIP benefits prior to his being assessed a debt for which the Board determined was not valid. However, because the RRMIIP no longer exists, all RRMIIP payments must be authorized by the Board. DFAS informed a staff member of the Board that in order for the applicant to receive all of his RRMIIP entitlements, a supplementary proceeding or action that will authorize the applicant to receive his full entitlements must be provided by the Board.

THE BOARD ADDITIONALLY CONCLUDES:

8. At the time of the Board’s 19 June 2001 decision in this case, it was the intent of the Board to make the applicant’s service involuntary so that he would be entitled to receive his full RRMIIP entitlements and to make any debts incurred, which were based on a determination that his service was voluntary an invalid debt.

9. In view of the additional factors in this case the applicant is entitled to correction of his record to show he was entitled to receive RRMIIP benefits for his maximum 12 months of entitlements and that the debt that was imposed upon him based on a previous determination that his service was voluntary is invalid.

10. 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 19 June 2001 by adding:

         d. that the individual concerned is entitled to RRMIIP entitlements for the maximum of 12 months as authorized by law and that the debt imposed against him for overpayment of RRMIIP benefits based on voluntary service is invalid.

BOARD VOTE:

___ls ___ ___mm__ ___jm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ____Luther L. Santiful_____
                  CHAIRPERSON



INDEX

CASE ID AR2001061779
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/09/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 13 101.000/RRMIIP
2. 293 128.100/REMIT DEBT
3.
4.
5.
6.

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