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ARMY | BCMR | CY2003 | 2003089320C070403
Original file (2003089320C070403.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF: «name»
«ssn»


         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2003089320


         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 25 July 2002 affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 25 July 2002.

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold 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:

23. On 23 April 2003, the Defense Finance and Accounting Service – Denver Center informed the staff of the Board that paragraph 9 of the Conclusions of the original case dated 25 July 2002 (AR2002072374) indicated the Board meant to forgive recoupment of the applicant's incapacitation pay.

24. The Defense Finance and Accounting Service – Denver Center also indicated that their records showed the applicant received active duty pay for the period 1 July through 29 August 2001 and presumed that the Board intended to forgive recoupment of that pay, also.

25. The Defense Finance and Accounting Service – Denver Center pointed out that the Recommendation did not mention forgiving any debts.

THE BOARD ADDITIONALLY CONCLUDES:

12. At the time of the Board’s 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 his records were corrected to place him on the Temporary Disability Retired List effective 1 July 2001. All due consideration was to have been taken of the civilian hospitalization expenses incurred by the applicant as a result of the Government failing to discharge him for physical disability in a timely manner.

13. In view of the additional factors in this case, the applicant is entitled to correction of his record to show he was relieved of the requirement to pay any debts he incurred as a result of the correction; specifically, debts due to the required recoupment of incapacitation pay and active duty pay.

14. 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 25 July 2002 to show that the applicant is relieved from the requirement to pay


any debts he incurred as a result of the correction; specifically, debts due to the required recoupment of incapacitation pay and active duty pay.

BOARD VOTE
:

__jns __tl____ __bpi GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ___John N. Slone________
                  CHAIRPERSON



INDEX

CASE ID AR2003089320
SUFFIX
RECON
DATE BOARDED 20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 128.00
2.
3.
4.
5.
6.

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