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ARMY | BCMR | CY2001 | 2001064615C070421
Original file (2001064615C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2001064615


         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.

Mr. Carl W. S. Chun Director
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry, Jr. Member
Ms. Gail J. Wire Member

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

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that he be paid proficiency pay for the period 21 May through 31 August 1999.

3. The applicant states that he performed the duties of AGR-FTM (Army Guard/Reserve-Full Time Manning) recruiter during the period in question and has not received the proficiency pay to which he is entitled.

4. The applicant’s available military records show that during the period 21 May through 31 August 1999, he performed the duties of military occupational specialty 79T (Reserve Recruiting Noncommissioned Officer) in the AGR Program for the Maryland Army National Guard (MDARNG).

5. On 11 June 1999, the MDARNG published Orders 090-110 MD-STRAC-ARP (Corrected Copy) announcing the award of proficiency pay to the applicant effective 21 May 1999. This corrected copy does not identify the correction made.

6. On 26 August 1999, the MDARNG published Orders 132-041 MD-STARC-ARP announcing the voluntary separation at the individual’s request of the applicant effective 31 August 1999, based on voluntary early release in the best interest of the Government.

7. On 31 August 1999, the applicant was released from his AGR status only and returned to his MDARNG traditional soldier status effective 1 September 1999. His separation document shows he completed 8 months of active duty.

8. On 21 November 2000, his unit commander completed a DD Form 114 (Military Pay Order) in an attempt to have the individual paid for the period 21 May through 31 August 1999.

9. On 14 June 2001, a claims examiner in the Directorate of Debt and Claims Management, Defense Finance and Accounting Service, Denver Center, returned the claim to the applicant’s commander indicating that no action would be taken based on the effective date of the entitlement being prior to the date of the orders that authorized the entitlement.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant’s entitlement to proficiency pay for the period 21 May through 31 August 1999.

2. Although the MDARNG failed to properly document this entitlement, the individual concerned should not be penalized for their errors.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned is entitled to AGR-FTM recruiting proficiency pay for the period 21 May through 31 August 1999.

BOARD VOTE:

_GJW____ _HOF___ _JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Jennifer L. Prater
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001064615
SUFFIX
RECON
DATE BOARDED 20020723
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 108
2.
3.
4.
5.
6.


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