BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130020687 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


CONSIDERATION OF ADDITIONAL EVIDENCE:

16.  On 13 November 2013, new information was received from the Director, Human Resources, Indiana Army National Guard (INARNG), requesting amendment of the previous advisory opinion rendered by the Acting Chief, Personnel Policy Division, National Guard Bureau (NGB), to authorize back pay based on the applicant being reinstated in an Active Guard Reserve (AGR) status by the AGR Tour Continuation Board and a corresponding supplemental action in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120016408, dated 30 April 2013.

17.  On 25 November 2013, new information was also received from the Chief, Personnel Policy Division, NGB, in regard to the decision of the ABCMR in Docket Number AR20120016408, dated 30 April 2013.  The evidence submitted consists of the following information:

   a.  The applicant was separated by an AGR Tour Continuation Board due to a referred DA Form 67-9 (Officer Evaluation Report (OER)).  She was released from active duty (REFRAD) in an AGR status on 4 April 2012.

   b.  Following the ABCMR's	 decision to correct the applicant's OER covering the period 1 February 2010 through 19 March 2011, the AGR Tour Continuation Board reversed its decision and the applicant was reinstated into the AGR program.  However, in the absence of having any retroactive appointment/ reinstatement authority, there is about a one year gap in service between her date of separation and date of reentry into an AGR status.

   c.  The NGB advisory opinion and ABCMR decision did not address reimbursement of pay and allowances that might result from her retroactive reinstatement into the AGR program.

18.  The applicant was provided a copy of the ex parte communications in order to have the opportunity to comment.   On 10 December 2013, the applicant indicated she agreed with the information and added that in order to achieve full administrative relief, the following actions would be required for the period of time under review:

* payment of pay and allowances
* credit for accrued leave
* creditable service (retirement points)

19.  Joint Forces Headquarters Indiana, Indianapolis, IN, Orders 080-1012, dated 20 March 2012, released the applicant from active duty in AGR status, in the rank of captain (CPT)/pay grade of O-3, effective 4 April 2012, and returned her to the Indiana Army National Guard (INARNG).

20.  Joint Forces Headquarters, Indiana National Guard, Indianapolis, IN,
Orders A-06-209862, dated 1 June 2012, ordered the applicant to active duty, in the reserve rank of first lieutenant (1LT)/pay grade O-2, for Contingency Operations for Active Duty Operational Support (CO-ADOS) in support of Operation Enduring Freedom (OEF), on 25 June 2012, for a period of 98 days (through 30 September 2012).

21.  Joint Forces Headquarters, Indiana National Guard, Indianapolis, IN,
Orders A-08-214560, dated 15 August 2012, ordered the applicant to active duty, in the reserve rank of CPT (O-3), for CO-ADOS in support of OEF-CSB, on
1 October 2012, for a period of 365 days (through 30 September 2013).

22.  Camp Atterbury Joint Maneuver Training Center, Edinburgh, IN, 
Orders 010-1001, dated 10 January 2013, released the applicant from active duty, in the rank of CPT (O-3), effective 10 January 2013, and returned her to the INARNG.  (The effective date of pay grade O-3 was 24 January 2012.)

23.  Joint Forces Headquarters Indiana, Indianapolis, IN, Orders 011-001, dated 11 January 2013, as amended by Orders 014-001, dated 14 January 2013, ordered the applicant to active duty in an AGR status, in the rank CPT (O-3), for the period 11 January 2013 through 10 January 2019.
24.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 1 (Basic Pay), paragraph 0101 (Creditable service), shows that several military pay and personnel systems use a variety of dates to determine various entitlements.  It also shows creditable service periods include active or inactive service, in pertinent part, in the Army National Guard of the United States and Army National Guard and that for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service.  

ADDITIONAL DISCUSSION AND CONCLUSIONS:

3.  At the time of the decision of the ABCMR in Docket Number AR20120016408, dated 30 April 2013, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.

4.  The ABCMR's decision in Docket Number AR20120016408 failed to address the issue of the applicant's entitlement to retroactive pay and allowances that might be due if the records correction resulted in her reinstatement in the AGR program to the date immediately following the date she was REFRAD in an AGR status on 4 April 2012.

5.  The evidence of record shows the applicant was REFRAD in AGR status on 
4 April 2012 and returned to the INARNG.

6.  She was ordered to active duty (OAD) for CO-ADOS in the rank of 1LT (O-2) from 25 June 2012 through 30 September 2012 and further OAD for CO-ADOS in the rank of CPT (O-3) on 1 October 2012 and she continued to serve in that status through 10 January 2013.

7.  She was OAD in an AGR status, in the rank CPT (O-3), for the period 11 January 2013 through 10 January 2019.

8.  Therefore, in view of the foregoing, it would be appropriate at this time to correct the applicant's records to show she was reappointed/reinstated in the AGR program effective 5 April 2012, with no break in her AGR status in the rank of CPT (O-3).  


BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

2.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20120016408, dated 30 April 2013, to show she was reappointed/reinstated in the AGR program and AGR status effective 5 April 2012 and credited with the appropriate qualifying creditable service, and entitlement to all back pay in grade O-3 (i.e., pay and allowances less withholdings) and accrued leave resulting from her retroactive appointment/ reinstatement into the AGR program and AGR status effective 5 April 2012.

3.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and pay the applicant all back pay in grade O-3 (i.e., pay and allowances less withholdings) that she may be due and also credit her account with all accrued leave resulting from her retroactive appointment/reinstatement in AGR status effective 5 April 2012.




      _______ _  x _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130020687



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Supplemental Record of Proceedings (cont)                 AR20130020687



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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