RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060001971


      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. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 he be allowed to retain all the monies he
received for military service from 12 December 2003 though 10 February
2004.

2.  The applicant states he was erroneously called up to go to Iraq when
his records should have shown that he had been discharged in April 2002.

3.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 22 April 2002; his
Honorable Discharge certificate dated 22 April 2002; a 20 December 2004
letter from Headquarters,  U. S. Army Reserve Command; a letter of
indebtedness from the U. S. Department of the Treasury; active duty orders
dated 18 December 2003; release from active duty orders dated 6 February
2004; Headquarters, 88th Regional Readiness Command (RRC) Orders 04-336-
00040 dated 1 December 2004; and a 1 December 2004 letter from an unknown
agency (but probably Headquarters, U. S. Army Reserve Command) to the
applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (USAR) on 18 February
1999.  He served on initial active duty for training from 16 March 1999
through
30 August 1999.  On 24 August 2001, he requested enlistment in the Regular
Army.  He enlisted in the Regular Army on 25 September 2001.  On 22 April
2002, he was honorably discharged due to physical condition, not a
disability.  He was erroneously assessed into the Individual Ready Reserve,
and, on           4 December 2003, he was erroneously assigned to a Troop
Program Unit (TPU) within the 88th RRC.

2.  On orders dated 18 December 2003, the applicant was “ordered to Active
Duty as a member of your Reserve Component unit” for 545 days.  Orders
dated 6 February 2004 released the applicant from active duty effective 7
February 2004.

3.  The 88th RRC apparently issued orders dated 19 November 2004
discharging the applicant from the USAR effective 10 February 2004.  After
discovering that the applicant had been discharged from the USAR in April
2002, the 88th RRC revoked its 19 November 2004 orders.  The U. S. Army
Human Resources Command – St. Louis then corrected its records to show he
had been discharged on 22 April 2002.

4.  The applicant has been charged with a debt (for “erroneously” received
pay and allowances for the period from on or about 4 December 2003 to on or
about 10 February 2004) in the amount of approximately $1,069.98.

5.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations), paragraph 5-3 (Secretarial plenary authority) states that
separation under this paragraph is the prerogative of the Secretary of the
Army.  Ordinarily, it is used when no other provision of this regulation
applies and early separation is clearly in the best interest of the Army.

6.  Army Regulation 135-178 (Separation of Enlisted Personnel), paragraph
14-1, (Secretarial plenary authority) states that separation under this
paragraph is the prerogative of the Secretary of the Army.  Ordinarily, it
is used when no other provision of this regulation applies and early
separation is clearly in the best interest of the Army.

DISCUSSION AND CONCLUSIONS:

1.  After the applicant’s 22 April 2002 discharge for having a physical
condition, not a disability, he was erroneously placed in the Individual
Ready Reserve.  Based upon this error, the applicant was further
transferred to a TPU for mobilization in support of Operation Iraqi Freedom
effective 4 December 2003.  He was then ordered to active duty effective 3
January 2004.

2.  The error was discovered shortly after the applicant entered active
duty.  He was released from active duty effective 7 February 2004, and he
was discharged from the USAR effective 10 February 2004.  However, the
discharge orders were later revoked (properly, as technically he never had
a military status from which to be discharged).  Unfortunately, the
revocation of those orders resulted in a “debt” to the Government, even
though he actually performed service.

3.  The applicant’s records should be corrected to show he enlisted in the
USAR on 4 December 2003; to show he performed active duty from 3 January
2004 through 7 February 2004, at which time he was honorably released from
active duty by reason of Secretarial Authority; to show he was transferred
to the USAR effective 8 February 2004; and to show he was honorably
discharged from the USAR effective 10 February 2004 by reason of
Secretarial Authority.

BOARD VOTE:

__lds___  __pms___  __am____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

     a.  showing he enlisted in the U. S. Army Reserve on 4 December 2003;

     b.  showing he performed active duty from 3 January 2004 through 7
February 2004, and he was honorably released from active duty by reason of
Secretarial Authority under the provisions of Army Regulation 635-200,
paragraph 5-3;

     c.  showing he was transferred to the U. S. Army Reserve effective 8
February 2004;

     d.  showing he was honorably discharged from the U. S. Army Reserve
effective 10 February 2004 by reason of Secretarial Authority under the
provisions of Army Regulation 135-178, paragraph 14-1; and

     e.  paying to him all pay and allowances due as a result of the above
correction.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001971                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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