PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811564

	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	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 entitlements from 1 November 1991 through 30 September 1997.

3.  The applicant states that the Defense Finance and Accounting Service (DFAS) will pay him from 1 October 1997 through 1 October 1998 but he has been advised that he must apply to this Board for the rest of his entitlements.

4.  The applicant’s military records are not available.  

5.  On 8 July 1998, the applicant was promoted to Sergeant First Class through Standby Advisory Board action.  His date of rank and his promotion effective dates are 1 November 1991.

6.  DFAS was able to pay him the difference in pay effective 1 October 1997 to the present (confirmed by phone conversation with the applicant on 23 October 1998) but advised him that retroactive promotions prior to 23 October 1992 must be approved by the Board for Correction of Military Records.

CONCLUSIONS:

1.  The applicant was promoted to Sergeant First Class on 8 July 1998 with a date of rank and effective date of 1 November 1991.

2.  DFAS paid him the difference in pay only from 1 October 1997 to the present.

3.  In view of the foregoing, it would be proper and in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That DFAS pay the applicant the difference of pay and allowances from Staff Sergeant to Sergeant First Class from 1 November 1991 through 30 September 1997.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON