PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 July 1999                   
	DOCKET NUMBER:   AR1999017481

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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 date of rank in grade E-4 be changed to reflect an early promotion.  He was denied the increased pay and allowances of the next higher grade for 8 months.

3.  The applicant states that this Board changed his date of rank to grade E-3 and he believes that it was an injustice not to change his date of rank to E-4 also. Since his promotion to grade E-4 had been effective 7 months and 10 days after his promotion to grade E-3 it should be correspondingly changed with his new 
E-3 date of rank.

4.  The applicant’s military records show that on 23 February 1983 this Board voted to correct his records by showing that his date of rank to grade E-3 was effective 19 July 1966 versus 7 March 1967.  This change was approved and implemented.  The issue of a corresponding change to his date of rank to grade E-4, which had been effective 17 October 1967, was not raised or addressed by either the applicant or this Board.

5.  There is no record of punishment or other evidence of any indiscipline by the applicant in the available record to otherwise preclude a favorable recommendation for promotion.

6.  U.S. Code, title 32, section 3702, otherwise known as the Barring Statute, prohibits the Government from paying a claim unless that claim is received by the Comptroller General within 6 years after the claim accrues.

CONCLUSIONS:

1.  The applicant received a change to his date of rank for grade E-3 by this Board and, considering all the facts in this case, it would appear that a corresponding change to his date of rank to E-4 is appropriate.

2.  His date of rank to E-4 should be adjusted by the same 7 months and 10 days between his original promotion dates from E-3 to E-4.  Were it not for the statute of limitations, this Board believes that the applicant would have been entitled to full relief as it pertains to back pay.

3.  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 promoted to pay grade E-4 effective 1 March 1967 with a date of rank of 1 March 1967.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__jh____  __rvo___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017481	
SUFFIX		
RECON		
DATE BOARDED	19990707	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.