PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 April l999    
	DOCKET NUMBER:   AC98-10095
                                              AR1998000785

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Thomas A. Pagan		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, in essence, back pay and allowances in the sum of $565.14, for the pay periods November 1991 through March 1992. 

3.  The applicant claims that he did not receive E-3 pay during the period of service in question.  He claims, in essence, that he has waited 5 years for the back pay and has made repeated attempts to receive the pay.  

4.  The applicant’s military records, and documents with his application, show that he enlisted in the Regular Army on 6 November 1990.  He was assigned to a unit at Fort Riley, Kansas in the fall of 1991, serving in pay grade E-2.  On 
18 October 1991, a DA Form 4187-E was authenticated by his battalion adjutant, approving the applicant’s advancement to pay grade E-3 effective 6 November 1991, under the provisions of chapter 7, Army Regulation 600-200.  Leave and earning statements with his application show that he did not receive the E-3 pay between 6 November 1991 and 31 March 1992.  

5.  Army Regulation 600-200, at paragraph 7-12, then in effect, stated that advancement to pay grade E-3 was not mandatory.  Commanders could, without constraint, advance service members who had completed 12 months time in service and 4 months time in grade.  Waiver of 2 months time in grade was authorized. 

6.  The Defense Finance and Accounting Service (DFAS) has advised the Board that due to the delayed application, the Board must validate the advancement (promotion) action.  Further, records available to the DFAS show that it was not until 14 April 1992 that he began receiving pay at the E-3 pay grade level.  No pay adjustment or payments for back pay were ever made to the applicant’s pay accounts up until the time of his separation from active duty.  Therefore, that agency recommends that the Board validate the promotion action effective 
6 November 1991.  

7.  The applicant was provided a copy of this advisory opinion for comment or rebuttal, but he failed to respond.

CONCLUSIONS:

1.  The evidence of record, and with his application, show that he was eligible for advancement to pay grade E-3 effective 6 November 1991.  This action was accomplished by his command, but it was not posted to his pay records until 
14 April 1992.  

2.  There is no evidence of record that the advancement action was invalid or that he was otherwise not eligible to be advanced to pay grade E-3 effective 
6 November 1991.
3.  The DFAS has specified that in order to insure the applicant receive any back pay to which he is entitled, this Board must validate the promotion action effective 6 November 1991.  Upon completion of this action, the DFAS will accomplish the appropriate computation to insure the applicant receive all back pay to which he is entitled.  (NOTE:  That amount may be less than or greater than the $565.14 specified in his application.)

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was advanced to pay grade E-3 effective 6 November 1991, in accordance with Army Regulation 600-200, chapter 7.  

2.  That upon completion of this action, that the applicant’s records be referred to the DFAS for final computation of any back pay and allowances to which he is entitled.  

3.  That so much of the application as is in excess of the foregoing as pertains to the specified amount due him be denied 

BOARD VOTE:  

__TAP___  __EB___  __INW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10095/AR1998000785	
SUFFIX		
RECON		
DATE BOARDED	19990422	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	128.14	
2.	131.04	
3.		
4.		
5.		
6.