PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 September 2000
	DOCKET NUMBER:  AR2000041814

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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 records be corrected to show that his promotion to pay grade E-6 was not revoked.

3.  The applicant states that, based on medical problems, he requested termination of his jump status on 23 September 1998.  Further, he alleges that members of his chain-of-command had advised him that his promotion would not be affected.  He contends that the command continued to utilize him in his military occupational specialty (MOS) of 92R (Parachute Rigger).

4.  The applicant’s military records show that he reenlisted in the Army on         12 March 1996, in pay grade E-5, for 4 years and in MOS 92R.

5.  On 23 September 1998, based on medical advice and after being assured that his forthcoming promotion would not be in jeopardy, he requested medical termination of his airborne status.

6.  On 21 December 1998, orders 352-3, Detachment D, 510th Personnel Services Battalion announced his promotion to pay grade E-6, effective                1 January 1999.

7.  On 26 January 1999, orders 26-105, US Army Southern European Task Force announced the withdrawal of his airborne status, effective 23 September 1998.

8.  On 8 February 1999, the applicant requested reclassification into another MOS.  He was subsequently reclassified into MOS 63J (Quartermaster and Chemical Equipment Repairer).

9.  DA Form 2166-7 (NCO Evaluation Report), completed on 8 July 1999 for the period October 1998 to May 1999, shows the applicant was rated as a “staff sergeant (pay grade E-6)” in MOS “92R3P” (Parachute Rigger, pay grade E-6, airborne qualified).

10.  On 12 June 2000, the Commander, Total Army Personnel Command (PERSCOM) opined that the applicant was MOS unqualified at the time the promotion was announced and effective and his request should be denied.

11.  On 22 June 2000, the PERSCOM opinion was furnished to the applicant for his acknowledgment/rebuttal.  The applicant did not respond.

CONCLUSIONS:

1.  The command and the PERSCOM opinion correctly concluded that when the applicant was no longer MOS qualified the promotion could not be effective.

2.  During the period October 1998 through May 1999, the command continued to utilize him as an “airborne qualified, pay grade E-6, Parachute Rigger” and evaluated him as such, thus creating an injustice to the applicant.

3.  The command failed to properly counsel or expeditiously process the applicant’s request and therefore causing him to be promoted and subsequently, have his promotion revoked.

4.  Since the applicant continued to be utilized as if his request for termination of airborne status had not been submitted, he should not be penalized for the errors by those in his command.

5.  In view of the foregoing, notwithstanding the opinion from PERSCOM, 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 individual concerned was promoted to pay grade E-6, effective    1 January 1999, in MOS 92R; that he was converted to MOS 63J, in pay grade E-6; and that he is entitled to all pay and allowances for that pay grade.

BOARD VOTE:  

__hf____  __rs____  ___ji___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		___Hubert O. Fry___
		        CHAIRPERSON

INDEX

CASE ID	AR2000041814	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion	
2.		
3.		
4.		
5.		
6.