RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20050017449


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his separation date be changed from 6
October 2005 to 30 November 2005.

2.  The applicant states he received telephonic notification on 21 November
 2005 that he had been separated from the Army National Guard (ARNG)
effective 6 October 2005.  During the months of October and November 2005,
he performed duty/drills (6 multiple unit training assemblies (MUTAs) on
        18 through 20 November 2005).

3.  The applicant provides his separation orders; his withdrawal of Federal
Recognition orders; active duty for special work (ADSW) orders dated
       11 October 2005; ADSW orders dated 28 October 2005; ADSW orders
dated      9 November 2005 as amended by orders dated 15 November 2005; two
leave and earnings statements, for the period 21 October 2005 and 4
November 2005; and his ARNG Retirement Points History Statement.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was appointed a
second lieutenant in the ARNG on 19 June 1972.  He was promoted to
brigadier general in the ARNG effective 7 March 2000.  Federal Recognition
as a brigadier general was extended effective 6 October 2000, and he was
promoted to brigadier general in the U. S. Army Reserve effective 6 October
2000.

2.  The applicant provided orders to show he performed ADSW on 11 October
2005, 31 October 2005, and 16 through 17 November 2005.  The November 2005
ADSW orders were amended to show he performed ADSW on 15 through 17
November 2005.

3.  The applicant’s Brigade S-3 (Operations Officer) confirmed that the
applicant performed ADSW on 11 October 2005, 31 October 2005, and 15
through          17 November 2005.  He also confirmed that the applicant
attended 6 multiple unit training assemblies (inactive duty training (IDT))
on 18 through 20 November 2005.

4.  Orders dated 17 November 2005 withdrew the applicant’s Federal
Recognition effective 6 October 2005.  Orders dated 30 November 2005
separated him from the ARNG effective 6 October 2005 and transferred him to
the U. S. Army Reserve Control Group (Retired Reserve).

5.  The applicant’s LES for the period 21 October 2005 shows he performed
and was paid for active duty on 11 October 2005.  His LES for the period 4
November 2005 shows he performed and was paid for IDT on 21, 22, and 23
October 2005. On 30 August 2006, the Defense Finance and Accounting Service
confirmed that the pay received for this active duty/IDT (performed after
his separation date of   6 October 2005), have not yet been collected.

6.  The applicant’s ARNG Retirement Points History Statement shows he
earned 8 IDT, 3 membership, and 9 active duty points for his last
retirement year
(31 July 2005 through 6 October 2005).

7.  In the processing of this case, an advisory opinion was obtained from
the Personnel Division, National Guard Bureau.  That office recommended
approval of the applicant’s request.  That office stated, in effect, that
even though Title 10, U. S. Code, section 14508 states a non-promotable
brigadier general will be removed from the Reserve Active Status List
(RASL) upon completion of
30 years of service or 5 years in grade, the applicant performed duties on
October and November 2005.  The advisory opinion recommended approval of
the applicant’s request to correct his separation date from the ARNG to
reflect
30 November 2005.

8.  A copy of the advisory opinion was provided to the applicant for
comment.  On 12 July 2006, he concurred with the advisory opinion.

9.  Title 10, U. S. Code, section 14508 states that, unless retired,
transferred to the Retired Reserve, or discharge at an earlier date, each
reserve officer in the grade of brigadier general who has not been
recommended for promotion to the grade of major general shall be separated
in accordance with section 14514
(concerning discharge or transfer to the Retired Reserve when the officer
is required to be removed from an active status) 30 days after completion
of
30 years of commissioned service or on the fifth anniversary of the date of
the officer’s appointment to the grade of brigadier general, whichever is
later.

10.  Army Regulation 140-1 (Assignments, Attachments, Details, and
Transfers) states additional training assemblies (ATAs) may be used to
conduct additional wartime or assigned mission training.  An ATA will be at
least a minimum of        4 hours duration.  A Soldier may be allowed up to
2 ATAs per day.  No more than 12 ATAs will be performed by any one
individual per year.  ATAs are intended for those tasks that must be
accomplished to sustain unit operations and to provide the means to
accomplish additional required training as defined by the unit's wartime
mission.

DISCUSSION AND CONCLUSIONS:

1.  The applicant performed IDT (6 MUTAs, from 18 through 20 November 2005)
and 5 days of ADSW in October and November 2005 in good faith.  He should
not be penalized because orders separating him from the ARNG and
transferring him to the Retired Reserve effective 6 October 2005 were not
published until     30 November 2005.

2.  Nevertheless, the applicant was removed from an active status effective
        6 October 2005, upon completion of 5 years in grade as a brigadier
general, through operation of law.  His separation date cannot be changed.


3.  Records at DFAS show that the applicant was paid for the 1 day of ADSW
he performed on 11 October 2005 and that the pay was not collected.
Records at DFAS also show that he was paid for IDTs on 21 through 23
October 2005 and that the pay was not collected.  Although these monies had
not been collected by DFAS as of 30 August 2006, the service which earned
the applicant these monies was performed after his date of separation and
are subject to collection.

4.  However, to ensure the applicant is paid for the duty he performed
after the effective date of his separation, it would be equitable to
correct his records to show he performed the IDT in question as ATAs prior
to 6 October 2005.

5.  In addition, to ensure the applicant is paid for the ADSW he performed
after the effective date of his separation, it would be equitable to show
he performed the 5 days of ADSW in question (11 October 2005, 31 October
2005, and         15 through 17 November 2005) prior to 6 October 2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mmd___  __jcr___  __rdg___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that the State Army National Guard records and all Department of
the Army records of the individual concerned be corrected by:

     a.  showing the IDTs he attended on 21, 22, and 23 October 2005 and on
   18 through 20 November 2005 were performed as 12 ATAs in September 2005;

     b.  showing that the 5 days of ADSW he performed on 11 and 31 October
2005 and 15 through 17 November 2005 were performed on 1 through 5 October
2005; and

     c.  after auditing his pay records, paying him monies due for the
above ATAs and ADSW.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his separation dated to 30 November 2005.




                                  __Melinda M. Darby___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017449                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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