PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR2000039542

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 effect, that she be paid for the adjustment made to her date of rank (DOR) and effective date of promotion to the rank/pay grade of first lieutenant (1LT/02). 

3.  The applicant states, in effect, that her DOR and effective date of promotion to !LT were adjusted from 5 August 1998 to 31 May 1998 and she has not received the back pay and allowances that resulted from that adjustment. 

4.  The applicant’s military records show that she was commissioned as a USAR second lieutenant on 10 May 1996 and was ordered to active duty in the Army Nurse Corps on 18 August 1996.  She was promoted to the rank of 1LT on 5 August 1998.

5.  On 9 July 1999 orders were published which changed her DOR and effective date for promotion to 1LT to 31 May 1998.

6.  On 12 October 1999 the Total Army Personnel Command informed the applicant that based on the adjustment to her DOR for promotion to the rank of 1LT, her sequence number on the promotion list to captain (CPT) had been changed from number 275 to 145.5.

7.  In the processing of this case a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) in Indianapolis, Indiana which opined that a DOR change for promotion to CPT did not affect the applicant’s pay, but simply changed the sequence number standing on the promotion list.  Therefore an adjustment in pay was not required.  The opinion was referred to the applicant for comment and to date no reply has been received.

CONCLUSIONS:

1.  Notwithstanding the advisory opinion received from the DFAS, the Board notes that the applicant is requesting that she be paid back pay and allowances for the adjustment to her DOR for promotion to the rank of 1LT and not an adjustment to her DOR for promotion to CPT as indicated in the DFAS opinion.  

2.  Therefore, since her orders correctly reflect that her DOR and effective date for promotion were adjusted to reflect that she was promoted to the rank of 1LT on 31 May 1998 instead of 5 August 1998, she is entitled to receive the back pay and allowances that result from such a change.

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 rank of 1LT/0-2 effective 31 May 1998, with a DOR of 31 May 1998, and entitlement to all back pay and allowances from that date.

BOARD VOTE:  

__cmf___  ___fe____  ___rjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Calvin M. Fowler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039542	
SUFFIX		
RECON		
DATE BOARDED	2000/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000/BACK PAY	
2.  314	131.0400/EFF DATE 1LI	
3.  315	131.0500/DOR	
4.		
5.		
6.