PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 February 1999      
	DOCKET NUMBER:   AR1998013069

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 that his records be corrected to show he was promoted to pay grade E-5 on 1 March 1997.

3.  The applicant states that he appeared before a promotion board on              12 November 1996 and was granted 587 points, which would have become effective beginning 1 February 1997, that the cut off score for his MOS dropped to 538 for 1 March 1997, however his promotion packet had been misplaced and was reconstructed in February 1997.  He was promoted in 1 May 1997, when he again met the promotion point the cut off score.  

4.  The applicant’s military records show that he was recommended for promotion to E-5 on 12 November 1996, and awarded 587 points, however, his promotion packet was misplaced and his scores were not reconstructed and submitted to the enlisted data base until 25 February 1997.

5.  The applicant submitted a DA Form 4187, requesting an exception to policy to allow him to be promoted effective 1 March 1997, his request was returned without action, advising him to apply to the Army Board for Correction of Military Records.

6.  On 7 December 1998, the Commander, Total Army Personnel Command (PERSCOM) provided an opinion, which recommended that the applicant’s request be approved, stating that the applicant was eligible for promotion on 1 February 1997 and that he exceeded the promotion point cutoff score for 1 March 1997.

CONCLUSIONS:

1.  The applicant was recommended for promotion on 12 November 1996, and was awarded 587 points, however due to no fault of his own, his promotion packet was misplaced and his points were not reconstructed until February 1997. 

2.  Had the applicant’s points been processed in a timely manner, his points would have been effective 1 February 1997, and he would have been promoted effective 1 March 1997 the date he exceeded the promotion point cutoff score.

3.  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 showing that the applicant was promoted to pay grade E-5, with an effective date and date of rank of 1 March 1997, with entitlements to all pay and allowances.

BOARD VOTE:  

___tnk__  ___jpi____  ___jps__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-05509A/AR1998013069	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998013069	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 131.05		
2.		
3.		
4.		
5.		
6.