PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            20 January 2000
	DOCKET NUMBER:   AR1999027088

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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 the effective date and date of rank (DOR) of his promotion to the pay grade of E-5 be corrected to reflect that he was promoted on 7 August 1998.

3.  The applicant states that he was reclassified to military occupational specialty (MOS) 54B10 on 7 August 1998 and he had promotion list standing prior to being reclassified.  He further states that a vacancy existed in his new MOS for promotion to the pay grade of E-5 and he was fully eligible for promotion at that time; however, he was erroneously required to appear before another promotion selection board and his promotion to the pay grade of E-5 was unjustly delayed until 12 April 1999.  In support of his application he submits authentication from the USAR unit administrator, copies of his promotion orders, copies of his academic evaluation reports showing that he completed the MOS training, and a copy of his MOS orders dated 7 August 1998. 

4.  The applicant’s military records show that on 16 May 1993 he was honorably released from active duty in the pay grade of E-4 due to the expiration of his term of service.  He had served 2 years, 3 months, and 29 days of total active service and was transferred to a USAR Troop Program Unit (425th Chemical Detachment) in Panama City, Florida.

5.  On 17 May 1998 he completed Phase I of the Chemical Operations Specialist Course.  He completed the resident Phase II of the course on 5 June 1998.  He was awarded the primary MOS of 54B10 on 7 August 1998.

6.  The applicant was promoted to the pay grade of E-5 in MOS 54B20 with an effective date and DOR of 12 April 1999. 

7.  Verification provided by the unit administrator indicates, in effect, that the error with regards to the applicant’s promotion was discovered shortly after his assuming duties as the unit administrator and corrective action was taken; however, the applicant has had to suffer the errors and injustices that occurred with regards to the unnecessary delays in pay and promotion.  He verifies that it was in fact an error, that all local action that could be taken has occurred and recommends favorable consideration of his application. 

8.  Army Regulation 140-158 serves as the authority for USAR promotions.  It states, in pertinent part, that a soldier on the recommended promotion list who is voluntarily or involuntarily reclassified for other than loss of qualifications or misconduct will retain list status.  Promotions to the pay grade of E-5 will not exceed the cumulative vacancy ceilings for the command. 

CONCLUSIONS:

1.  Although the applicant has not provided evidence to support his contention that he held list status at the time he was reclassified into his new MOS, the Board finds that the verification from the unit administrator that an error did in fact occur and that corrective action has been taken, is sufficient evidence to warrant a correction to his effective date and DOR for promotion to the pay grade of E-5.

2.  Accordingly, it would be in the interest of justice to correct his records to show that he was promoted to the pay grade of E-5 effective 7 August 1998, with a DOR of 7 August 1998, and entitlement to all back pay and allowances from that date.

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 individual concerned was promoted to the pay grade of E-5 effective 7 August 1998, with a DOR of 7 August 1998, and entitlement to all back pay and allowances.

BOARD VOTE:  

__be____  ___rgh __  ___gg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Robert G. Hinkle____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027088	
SUFFIX		
RECON		
DATE BOARDED	2000/01/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  314 	131.0400/EFF DATE	
2.  315 	131.0500/DOR	
3.		
4.		
5.		
6.