PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            29 August 2000                  
	DOCKET NUMBER:   AR2000035434

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 (DOR) to Chief Warrant Officer Two (CW2) be corrected to show 28 August 1999, with all back pay and allowances from 28 August 1999 to 31 December 1999.  

3.  The applicant states that he was authorized the rank of CW2 as of 28 August 1999, the date he returned to active duty, and is entitled to back pay from         28 August to 31 December 1999.

4.  The applicant’s military records show that on 19 August 1999, he was honorably discharged as a captain, after serving 9 years, 8 months and 10 days of active Federal service.  

5.  The applicant accepted an appointment as a warrant officer and returned to active duty on 28 August 1999.

6.  On 6 December 1999, a date of rank determination was made by Promotions Branch, Date of Rank Section, at the U.S. Total Army Personnel Command (PERSCOM).  This determination shows a DOR to Warrant Officer One (WO1) of 13 December 1989, with a promotion date to CW2, of 23 August 1999, the date that was mistakenly provided as his entry on active duty date.  

7.  He was promoted to CW2, on 25 April 2000, with the incorrect date of rank and effective date of 23 August 1999, instead of 28 August 1999.

8.  It appears the applicant has been furnished back pay and allowances by his local finance office from 1 January 2000 to 25 April 2000, the date of his promotion order 

9.  Army Regulation 600-8-29, states in pertinent part, that an individual’s promotion eligibility date to CW2, will be the date of entry on active duty providing he/she has completed 2 years of active commissioned service prior to appointment as a warrant officer. 

CONCLUSIONS:

1.  The applicant accepted an appointment as a warrant officer after completing over 9 years of active commissioned service.  He entered active duty on            28 August 1999, thereby adjusting his DOR to CW2 to 28 August 1999.  The incorrect DOR (23 August) apparently resulted from misinformation provided to Promotions Branch at PERSCOM.

2.  The applicant is entitled to back pay and allowances from the effective date of his promotion, 28 August 1999 to 31 December 1999.  

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 the applicant was promoted to CW2, with a date of rank and effective date of 28 August 1999, with entitlement to back pay and allowances from 
28 August 1999 to 31 December 1999.  

BOARD VOTE:  

___jdm__  __ra____  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035434	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  131.05		
2.		
3.		
4.		
5.		
6.