PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      4 March 1998
	DOCKET NUMBER:   AC98-05688

	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.  The following members, a quorum, were present:

	Ms.	Karen J. Newsome		Chairperson	
	Mr.	Raymond V. O’Connor, Jr.		Member	
	Ms.	Margaret K. Patterson		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Examiner	

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

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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, in effect, that the effective date for his promotion to the pay grade of E-3 be changed to 1 November 1995 and that he be paid all back pay and allowances.

3.  The applicant states, in effect, that his promotion was unjustly delayed until 16 February 1996 and he was instructed that he had to apply to the Board in order to be authorized back pay and allowances for the promotion as it should had been had it occurred on time.

4.  The applicant’s military records show that the applicant was promoted to the pay grade of E-3 effective 16 February 1996 with a date of rank of 1 November 1995.  The special instructions on the promotion instrument indicates that the applicant should have been promoted to the pay grade of E-3 on 1 November 1995 and that he should apply to this Board to have the effective date corrected.

CONCLUSIONS:

1.  The applicant should have been promoted to the pay grade of E-3 on 1 November 1995.  However, through an administrative error, the applicant was unjustly denied a benefit his commander determined that he was entitled to receive. 

2.  Therefore, it would be appropriate to correct his records to show that he was promoted to the pay grade of E-3 effective 1 November 1995.

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the pay grade of E-3 effective 1 November 1995, with entitlement to all back pay and allowances.                

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON