SUPPLEMENTAL RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20040009606


      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proceedings dated 15 March 2001 and 8 October 2002 were rescinded.  The
following additional findings, conclusions, and recommendations were
adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated15 March 2001 and 8 October 2002.

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – Letter from applicant dated 18 October 2004.











CONSIDERATION OF ADDITIONAL EVIDENCE:

13.  On 18 October 2004, new information was received from the applicant in
regard to the Supplemental Proceedings of the Army Board for Correction of
Military Records (ABCMR) in Docket Number AR2002079603, dated 8 October
2002.

14.  The evidence submitted consists of a Department of Veterans Affairs
(DVA) letter dated 15 March 2004 informing the applicant that the ABCMR's
action on 8 October 2002 created an unintended debt of $16,395.00.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

12.  In the original Proceedings in this case – ABCMR Docket Number
AR2000048106, dated 15 March 2001 – the Board sought to pay the applicant,
at the time of his disability retirement, 94.5 days of accrued leave in
excess of the 60 days permitted by law and regulation and already paid to
him.  The Board's action could not be accomplished; the Defense Finance and
Accounting Service (DFAS), as a matter of law, refused to pay it.

13.  At the time of the decision of the ABCMR Supplemental Proceedings in
Docket Number AR2002079603, dated 8 October 2002, it was the intent of the
ABCMR to find a means to pay the applicant for his 94.5 days of accrued
leave.  To that end, the Board recommended the applicant's disability
retirement date of 30 November 1999 be voided, that he be extended on
active duty with all pay and allowances (minus offset for retired pay) for
an additional 95 days, and that he then be retired by reason of physical
disability.

14.  The ABCMR's decision in Docket Number AR2002079603 failed to consider
the impact that his continuation on active duty would have on his DVA
disability payments.  Because the Board's action returned him to active
duty, the DVA could not pay him disability compensation and a collection
action was initiated in the amount of $16,395.00.

15.  Using the applicant's July 1999 Leave and Earning Statement (LES), the
applicant's gross pay and allowances for 95 days would be $14,588.00 before
any offset for retired pay.  This amounts to a deficit of $1,807.00 before
the offset is applied.

16.  The Board has attempted to pay the applicant 94.5 days of accrued
leave over and above the 60 days of accrued leave for which he was paid
under law and regulation.  This action could not be accomplished.  In an
attempt to accommodate the applicant via adjustment of his disability
separation date, the Board created an unintended debt caused by
unauthorized DVA disability payments.  The Board has shown that proceeding
with the recommendation in ABCMR Docket Number AR20020079603 would cause a
minimum net financial hardship of $1,807.00.  Clearly, the applicant is
disadvantaged by the Board's action in the Supplemental Proceedings.

17.  On 12 December 2005, an ABCMR staff member contacted the applicant and
discussed available options in his case.  The applicant elected to recover
his DVA debt and return him to his original separation date.  Therefore, in
order to negate the financial hardship imposed upon the applicant, the
following is recommended:

      a.  Void the recommendation of the Board in ABCMR Supplemental
Proceedings Docket Number AR20020079603 and return the applicant to his
original separation date of 30 November 1999.  This eliminates the
requirement for DFAS to pay the applicant for 95 days of additional active
duty.  It also eliminates the DVA debt of $16,395.00.

      b.  Rescind the favorable decision in ABCMR Docket Number
AR2000048106 to pay the applicant 94.5 days of accrued leave over and above
the 60 days of accrued leave he was already paid during his career.  This
decision could not be accomplished as a matter of law and, as has been
shown, further attempts to implement said action would lead to unintended
financial harm to the applicant.

BOARD VOTE:

__slp___  __mhm___  __alr___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant rescission of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR20020079603, dated 8 October
2002, that extended the separation date of the individual concerned 95 days
from 30 November 1999 to 4 March 2000.  His separation date is restored as
30 November 1999.

2.  The Board further determined that the evidence presented was sufficient
to warrant rescission of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR2000048106, dated 15 March
2001, to show the individual concerned was not entitled to payment of 94.5
days of accrued annual leave over and above the 60 days he had already been
paid during his career.  Such action is required because payment is against
law and regulation and cannot be accomplished without causing financial
harm to the individual concerned.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009606                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |108.0000                                |
|2.                      |121.0000                                |
|3.                      |136.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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