RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060002767


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 enlistment contract (DD Form 4) series
be corrected to show that he enlisted in the United States Army Reserve
(USAR) on 21 December 2004, and was released from the Alaska Air National
Guard on the same date.

2.  The applicant states that during his initial enlistment in the USAR, he
was working at the Air Guard Base, and that because of the date reflected
on his USAR enlistment contract, he cannot be paid for the work that he did
at the Air Guard Base.  He states that a Soldier or airman performing a
month of duty and receiving no pay for the duty performed and a debt for
the pay that he received is an unjust situation when the duty was performed
in good faith with honest intent. He states that he served a total of 15
years for the Air Guard in Alaska, as well as in North Dakota.  He states
that in October 2004, he found that he might be able to qualify for an
Active Guard Reserve position in the Army and that he began to pursue the
position during his days off.  He states that he completed lots of paper
work and was sworn in for an enlistment period.  He states that he was
asked to keep his senior master sergeant informed of his progress toward
the AGR position, and that the senior master sergeant wanted him to work as
long as possible as it was almost Christmas and his continuing to work
would help others get some time off.  He states that he was contacted by
his recruiter who stated that his paperwork was returned from the Military
Entrance Processing Station (MEPS) and that he needed to continue
processing at the Army Reserve Center.  He states that after partially
completing the processing of his AGR application, he returned to work at
the Air Guard Base and informed his supervisor that it was possibly his
last shift because he had started to inprocess at the Army Reserve Base.
He states that he had previously told his supervisor that he had sworn in
at the MEPS, but had no orders and was not attending drills.

3.  The applicant contends that he asked his recruiter how long he would be
able to work at the Air Guard Base, and that his recruiter asked him if he
was being paid, which indeed he was.  He states that once he spoke with the
relief controller, he was asked for his DD Form 4.  He states that he had
no idea that his pay was based on the information on his DD Form 4, and
that at the time that he spoke with the relief controller, he was told that
he could no longer work for at the Air Guard Base, and that he would likely
have to give back the pay he had already received for the work he had
completed.  He states that a couple of days later, finance returned orders
for 2 days of pay and that he has not been paid at


all for those 2 days.  He states that the other pay that he received after
the date on his DD Form 4 has been billed to him and he will start paying
the money back to the Defense Finance and Accounting Services (DFAS) Denver
in March, as requested.  He states that he worked hard and long hours and
did the best job that he could for the Air Guard, and that many of the
officers there told him that if he needed a letter of recommendation they
would assist him.  He states that his commanding officer signed a request
for a waiver so he could be relieved of having to pay back the money he
received for the work he has done, however, he was informed by DFAS that
his request for a waiver was denied.  He realizes that he should have been
more active in making 100 percent sure of the regulations pertaining his
issues and problems; however, he believes that others in his chain of
command also carry some of the burden for what has occurred.  He concludes
by stating that it seems to be an injustice that he will not be paid for
the work that he performed in good faith, and in no way was he attempting
to defraud or be dishonest when he was reporting for duty at the command
post.

4.  The applicant provides in support of his application, copies of his
Leave and Earnings Statements; a copy of Special Orders published by the
Alaska Air National Guard (AKANG) dated 23 December 2004; a copy of his
Waiver/Remission of Indebtedness Application; a copy of his National Guard
Bureau Report of Separation (NGB Form 22); a copy of a letter from DFAS
dated 14 April 2005; a copy of his Account Statement from DFAS dated
6 January 2006; and a copy of his Statement of Duty.

CONSIDERATION OF EVIDENCE:

1.  After completing 2 years, 11 months and 28 days of net active service
in the Regular Army (RA), performing the duties of an aircraft structural
repairer, he obtained a conditional waiver of his USAR obligation and he
enlisted in the Air Force in the Air National Guard (ANG) for 6 years, on 9
February 1991.

2.  The available records indicate that the applicant reenlisted in the
AKANG on 6 February 1998, and that he remained a member of the AKANG until
he was honorably released on 18 November 2004, for the purpose of changing
his military affiliation.

3.  Accordingly on 19 November 2004, the applicant enlisted in the USAR for
6 years.




4.  On 21 January 2005, the applicant submitted a Waiver/Remission of
Indebtedness Application for a $2,674.26 gross debt amount which he
indicated is for inactive and active duty pay that he was erroneously paid.
 In his application he indicated that once he became aware of the possible
debt, he took himself off of the work schedule and terminated his duty.  He
also stated that he performed his duties in good faith and was unaware that
the debt was accruing.

5.  In the Waiver/Remission of Indebtedness Application, the financial
manager indicated that the applicant was a member for the ANG and on a
conditional release when he joined the USAR on 19 November 2004, however,
he never told anyone.  The financial manager indicated that he continued to
perform inactive duty and active duty for the ANG, and that finance became
aware of the situation when he turned in an order for 18 December through
19 December 2004.  The financial manager further indicated that the system
would not let the order be paid due to the separation date that was
entered, and that when it was discovered that he was no longer a member of
the ANG, finance processed collection action on all periods of duty outside
of 18 November 2004.

6.  In the Waiver/Remission of Indebtedness Application, the financial
manager stated that the applicant knew he had enlisted in the USAR but
because the USAR did not have a full-time job for him at the time, he
claims he did not know he should not have continued to work for the ANG.
The financial manager noted that the applicant contends that he did the
duty for the ANG and should still be paid for the work even though he was
not a member of the unit.  The financial manager concluded by stating that
as a staff sergeant with the military, DFAS believes he should have known
to immediately bring his enlistment with the Army to the attention of his
supervisors and with personnel.  The financial manager stated that since
his active duty dates were prior to the date of his orders the financial
management systems were unaware that he had enlisted in the USAR, and the
systems allowed him to have orders published and to be paid.

7.  On 14 April 2005, the applicant was notified by DFAS that at final
closeout of his account, a debt in the amount of $2,950.52 had been
established, and that a waiver action could not be taken until the debt had
been reexamined.  If he were still indebted after the reexamination was
complete he could notify DFAS and the waiver action would be processed as
quickly as possible.






8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service, into the RA and the USAR.
Section II indicates that an applicant applies voluntarily for enlistment
in the RA or USAR and is found eligible for further processing after
completing and signing the Record of Military Processing – Armed Forces of
the United States (DD Form 1966) series.  An enlistee has enlisted in the
Delayed Entry Program, the RA, or the USAR after the Oath of Enlistment is
taken and applicable portions of the DD Form 4 are signed.

9.  Army Regulation 601-210 further provides that the DD Form 4, together
with appropriate annexes, is the only valid agreement that exists between
the person and the Department of the Army on enlistment in the RA or the
USAR.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to reveal an error in the date
of enlistment currently reflected on his applicant's DD Form 4 series.

2.  The available records show that he enlisted in the USAR on 19 November
2004, which coincides with the date currently reflected on his DD Form 4.

3.  The applicant's contentions have been noted.  However, the mere fact
that he desires to have a remission of the debt that he contends was
mistakenly incurred, is not a basis for granting the requested relief.

4.  In accordance with the applicable regulation the DD Form 4, together
with appropriate annexes, is the only valid agreement that exists between
the person and the Department of the Army on enlistment in the RA or the
USAR. Additionally, an enlistee has enlisted in the Delayed Entry Program,
the RA, or the USAR after the Oath of Enlistment is taken and applicable
portions of the DD Form 4 are signed.

5.  The applicant was discharged from the AKANG on 18 November 2004 and he
enlisted in the USAR on 19 November 2004.  The date of his enlistment in
the USAR is properly reflected on his enlistment contract and, in view for
the forgoing, there is no basis for granting the applicant's requests to
amend his USAR enlistment contract.



6.  Nonetheless, since the debt was incurred for duties that were performed
with the AKANG, denial by this Board does not preclude the applicant from
applying to the Air Force Board for Correction of Military Records to have
his debt excused or for payment for duties that were performed for the
AKANG.

7.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MT __  ___CD __  ___EM      DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____    Marla Troup______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2006000.2767                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |NA RC Soldier on AD (USAR-AGR)          |
|DATE OF DISCHARGE       |NA RC Soldier on AD (USAR-AGR)          |
|DISCHARGE AUTHORITY     |NA RC Soldier on AD (USAR-AGR)          |
|DISCHARGE REASON        |NA RC Soldier on AD (USAR-AGR)          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  222  |112.0000/ENLISTMENT CONTRACT            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]