PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:       19 November 1998
	DOCKET NUMBER:   AC98-11143

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including advisory opinion, 
	             if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests back pay and allowances. 

3.  The applicant states that his date of rank to major was adjusted from 
4 July 1986 to 1 October 1985.

4.  The applicant’s military records show that he is an active duty colonel who had been promoted to major effective and with a date of rank of 4 July 1986.  On 30 June 1998 the Total Army Personnel Command (PERSCOM) amended the order promoting him to major to show a date of rank and effective date of promotion of 1 October 1985.

5.  In the processing of this case and advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) at Indianapolis.  An official of that agency states that this Board must approve the difference in the applicant’s back pay for his promotion to major.

CONCLUSIONS:

1.  The order promoting the applicant to major amended not only his date of rank but the effective date of his promotion.  Consequently, he should receive all due pay and allowances from that date. 

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by granting the applicant all appropriate pay and allowances due based on his promotion to major effective 1 October 1985. 

BOARD VOTE:  

___fne__  ___tap__  ___bje__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON