RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070013638 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. Troup

Member

Mr. Thomas M. Ray

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, in effect, that the records of his deceased son, a former service member (FSM), be corrected to show he satisfactorily participated in the U. S. Army Reserve (USAR) under the correct social security number (SSN) and that he be paid any pay and allowances due his son; that he be paid the bonus for which the FSM enlisted; and that the FSM’s insurance policy be paid off.

2.  The applicant provided a statement from the FSM, dated 14 December 2001. The FSM stated he had been assigned to the 223d Maintenance Company on  18 June 1999.  He attended drill and was getting paid regularly until April 2000.  Not only was he not getting paid for drill, but he also could not receive his education benefits.  He constantly went to the unit administration, but nothing was ever done.  He was just recently assigned to the 820th Signal Company, and was getting paid, but they took away part of the enlistment bonus he was paid.  His former unit gave him a copy of his discharge orders, and they discovered that his SSN was wrong.  They found out that his SSN was wrong basically everywhere.  

3.  The applicant provides the statement, dated 14 December 2001, from the FSM; a chronology of events prepared by the FSM; a DA Form 1379 (U. S. Army Reserve Components Unit Record of Reserve Training); a Master Military Pay Account (MMPA) printout; two leave and earnings statements (LESs), one for check dated 15 December 1999 and one for check dated 1 February 2001; the FSM’s W2 form for 1999; orders dated 18 July 2001; a DA Form 1559 (Inspector General Action Request) dated 19 December 2001; two letters from an assistant Inspector General (IG) with the 90th Regional Support Command (RSC); orders dated 23 January 2002; a Notice of Basic Eligibility (NOBE); the FSM’s death certificate; and the FSM’s DD Form 214 (Certificate of Release or Discharge from Active Duty).

4.  The applicant also provides a printout of the FSM’s Verification of Military Experience and Training; the FSM’s Servicemembers’ Group Life Insurance Election and Certificate; a Social Security Administration (SSA) Form 2458 (Report of Confidential Social Security Benefit Information); a copy of a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U. S. Code, Section 1552), dated 30 March 2006; a letter, undated, from the Department of Veterans Affairs; active duty for training orders, dated 21 June 1999; military occupational specialty orders, dated 5 October 1999; and annual training orders, dated 17 April 2000.


CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the U. S. Army Reserve (USAR) on 18 June 1999.  He enlisted for assignment to a unit (the 22d Maintenance Company) authorized a bonus entitlement in a military occupational specialty (MOS) (63W) that was also authorized a bonus entitlement.  An initial payment of 50 percent of the bonus of $5,000.00 would be paid after he qualified in his MOS, and 25 percent would be paid upon satisfactory completion of the second and fourth years.  

2.  The FSM was ordered to active duty for training on 22 June 1999.  He completed basic training and advanced individual training and was awarded MOS 63W (Wheel Vehicle Repairer).  He was released from active duty on         9 December 1999.  His active duty for training orders, his DD Form 214, and his LES for check dated 15 December 1999 all show his SSN as ___-__-0196.

3.  The applicant provided an SSA Form 2458 confirming that the FSM’s SSN was ___-__-0196.

4.  On 8 January 2000, the FSM completed a Servicemembers’ Group Life Insurance (SGLI) Election and Certificate and listed his father (the applicant) as the beneficiary of his $200,000.00 life insurance policy.

5.  On 6 February 2000, the FSM’s unit, the 223d Maintenance Company, completed a Notice of Basic Eligibility (NOBE) on the FSM to establish his entitlement to the GI Bill.  The document lists the incorrect SSN of ___-__-0126.  On an unknown date, the DVA informed the FSM that it could not award benefits until the Department of Defense indicated he was eligible for benefits.  

6.  The applicant provided a DA Form 1379 for the month of March 2000 showing the FSM, with SSN ___-__-0126, was given code U.  Code U is used to indicate the Soldier did not participate in the scheduled drill(s) (i.e., an unexcused absence).

7.  The applicant provided a DA Form 1379 for the month of April 2000 showing the FSM, with an SSN of ___-__-0126, was given codes P, A, and R.  Code P is used to indicate the Soldier was physically present the entire assembly; code A is used to indicate the Soldier had an authorized absence; code R is used to record performance/nonperformance of rescheduled training.

8.  The applicant provided annual training orders showing the FSM was ordered to annual training from 17 June 2000 for 13 days plus travel time.

9.  The applicant provided a portion of a document, presumably a DA Form 1379, for the month of October 2000 showing the FSM, with an SSN of ___-__-0126, was given codes P and U.

10.  The applicant provided a DA Form 1379 for the month of December 2000, showing the FSM, with an SSN of ___-__-0126, was given code Z.  Code Z is used, in part, to indicate Soldiers being transferred to the Individual Ready Reserve due to being declared an unsatisfactory participant.

11.  The applicant provided an LES for check dated 1 February 2001 which lists the FSM’s correct SSN.  

12.  Orders dated 18 July 2001, showing the FSM’s incorrect SSN of ___-__-0126, reassigned him to the U. S. Army Reserve Control Group (Annual Training) by reason of being an unsatisfactory participant.  These orders state in part, “Your Serviceman’s Group Life Insurance (SGLI) terminates 120 days from the effective date of this order.”

13.  On 19 December 2001, the FSM complained to the IG that he was improperly released from his unit.

14.  By letter dated 22 January 2002, the 90th RSC IG confirmed that the FSM’s unit had never correctly identified him by the correct SSN.  Orders dated           23 January 2002 revoked the 18 July 2001 orders reassigning him out of his unit as an unsatisfactory participant.

15.  Orders dated 25 March 2004, showing the FSM’s correct SSN of ___-__-0196, show he was discharged from the USAR effective 25 March 2004.

16.  The FSM died on 26 November 2005.  

17.  The FSM had provided a chronological sequence of events.  He stated the 223d Maintenance Company had the wrong SSN on file for him almost as long as he had been in the unit.  He stated he only had eight unsatisfactory attendances at the time (of his transfer).  He stated his unit did not have any of his certified letters or any documentation.  He stated he went to drill in January 2000, was paid, and received the rank of Private, E-2.  He stated he went to drill in February but received no pay. He stated he could not attend drill in March 2000.  He stated he went to drill in April 2000 but was not paid.  He made no statement about May 2000 drill.  He stated he went to drill in June 2000 to talk to his unit about his pay.  He stated he went to annual training in June 2000 and got paid as an E-1.  He stated he did not attend July 2000 drill.  He stated he had an excused absence for August 2000 and September 2000 drill.  He stated he went to drill in October 2000 to talk about his “U letter” and his pay.  He stated October 2000 was the last drill he attended with the 223d Maintenance Company.

18.  The Personnel Management Records System (PERMS) at U. S. Army Human Resources Command – St. Louis (USAHRC – STL) contains two files on the FSM, one under SSN ___-__-0196 and one under SSN ___-__-0126.  

19.  On 24 September 2007, the U. S. Army Reserve Command (USARC) informed this Board that USAHRC – STL was unable to locate any DA Forms 1379 on the FSM.  From what the applicant supplied and the records USARC was able to obtain, USARC could substantiate much of what the FSM stated in his letter.  USARC recommended authorization for the applicant to receive the payment that the FSM should have received.

20.  The SGLI is a Department of Veterans Affairs programs.  The SGLI provides full-time life insurance coverage for individuals on active duty.  Full-time coverage is also available to Ready Reservists.  SGLI is in effect for 120 days after an individual separates from active duty or the Reserves.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested, in effect, that the records of his deceased son be corrected to show he satisfactorily participated in the USAR under the correct SSN and that he be paid any pay and allowances due his son; that he be paid the bonus for which the FSM enlisted; and that the FSM’s insurance policy be paid off.

2.  The 90th RSC IG and USARC confirmed that the FSM’s unit had never correctly identified him by the correct SSN.  Therefore, any credit he had received for unit drills or annual training was applied to the incorrect SSN and he was never paid.

3.  In a statement dated 14 December 2001, the FSM stated he had been assigned to the 223d Maintenance Company on 18 June 1999.  He attended drill and was getting paid regularly until April 2000.  

4.  In a chronological sequence of events, the FSM stated he went to drill in January 2000, was paid, and received the rank of Private, E-2.  He went to drill in February 2000 but received no pay. He could not attend drill in March 2000.  He went to drill in April 2000 but was not paid.  He made no statement about May 2000 drill.  He went to drill in June 2000.  He went to annual training in June 2000 and got paid as an E-1.  He did not attend July 2000 drill.  He had an excused absence for August 2000 and September 2000 drill.  His last attendance at drill with the 223d Maintenance Company was in October 2000.  Around December 2001, he was assigned to the 820th Signal Company, and was getting paid, but they took away part of the enlistment bonus he was paid.  

5.  If the FSM’s chronological sequence of events is accepted, then it appears he would be due pay and allowances for drill in February 2000 in pay grade E-2; pay and allowances for drill in April 2000 in pay grade E-2; pay and allowances for drill in June 2000 in pay grade E-2 and for 13 days of active duty for annual training in pay grade E-2; and pay and allowances for drill in October 2000.

6.  Given the findings of the 90th RSC IG and USARC, the FSM’s chronological sequence of events is accepted.

7.  However, the FSM’s enlistment bonus specifically required that he be assigned to the 223d Maintenance Company.  Therefore, when he was assigned to the 820th Signal Company a portion of his enlistment bonus was properly recouped.

8.  The SGLI provides full-time life insurance coverage for individuals in the Ready Reservists.  SGLI is in effect for 120 days after an individual separates from the Reserves.  The FSM was discharged from the USAR on 25 March 2004. He died on 26 November 2005.  Regrettably, his SGLI was not in effect on the date of his death and therefore the applicant cannot be paid as the beneficiary of the FSM’s SGLI.

9.  The FSM’s records at the Defense Finance and Accounting Service, under both his correct SSN of ___-__-0196 and his incorrect SSN of ___-__-0126, should be audited to ensure that he was not already paid any of the monies mentioned in paragraph 5, above.

10.  The FSM’s records at USAHRC – STL under the incorrect SSN of ___-__-0126 should be expunged after first transferring all documents/information to his records under the correct SSN of ___-__-0196.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jns___  __mjt___  __tmr___  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 all Department of the Army records of the individual concerned be corrected by: 

     a.  paying to the applicant any pay and allowances due for the FSM’s attendance at unit drill in February 2000 in pay grade E-2; pay and allowances for attendance at unit drill in April 2000 in pay grade E-2; pay and allowances for attendance at unit drill in June 2000 in pay grade E-2 and for 13 days of active duty for annual training in pay grade E-2; and for attendance at unit drill in October 2000 after first auditing his records at the Defense Finance and Accounting Service, under both his correct SSN of ___-__-0196 and his incorrect SSN of ___-__-0126, to ensure that he was not already paid any of these monies; and 

     b.  expunging the FSM’s records at USAHRC – STL under the incorrect SSN of ___-__-0126 after first transferring all documents/information to his records under the correct SSN of ___-__-0196.

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 paying to the applicant any portion of the FSM’s enlistment bonus or authorizing payment of the FSM’s SGLI.




__John N. Slone_______
          CHAIRPERSON




INDEX

CASE ID
AR20070013638
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
128.00
2.

3.

4.

5.

6.