MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           29 March 2001                   
	DOCKET NUMBER:  AR2000048638

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That she be given back pay for her advancement to pay grade E-2 from 1 November 1999 to 16 August 2000.

APPLICANT STATES:  She never received pay as an E-2.

In support of her request she submits documents showing that she was paid as an E-1 and a document showing that she was advanced to pay grade E-2.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted on 4 February 1999 and was honorably released from active duty on 16 August 2000 due to pregnancy.  Her separation documents show that she was pay grade E-2 at that time.

Army Regulation 600-200, paragraph 7-11, states that a soldier will be advanced from pay grade E-1 to pay grade E-2 when he or she completes 6 months of active federal service, unless the advancement is stopped by the soldier’s commander.

In the processing of this case an advisory opinion was obtained from the Defense Finance and Accounting Service, or DFAS, which summarized the applicant’s military service, including the fact that she had received nonjudicial punishment (NJP) under Article 15, UCMJ.  The DFAS stated that the DA Form 4187 submitted by the applicant is not a valid advancement instrument because it does not have the applicant’s Social Security Account Number (SSAN) and it is dated 2 months after the effective date of the advancement.  The DFAS recommends disapproval of the applicant’s request.  The applicant was furnished a copy of this advisory opinion and was given the opportunity to respond.  She chose not to respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The fact that the advancement instrument did not contain the applicant’s SSAN and was dated 2 months after the effective date of the advancement would indicate that the advancement was not submitted when the applicant was eligible for advancement.  

2.  Since advancement to pay grade E-2 may be denied by a commander, it must be assumed that the advancement was withheld.  Based on the fact that the applicant accepted NJP, this is a logical conclusion.

3.  A presumption must be made that the personnel at the separation and transfer point assumed that the applicant was in pay grade E-2 because of her time in service.  This would account for her separation documents showing that she was in pay grade E-2.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns____  __cjp ___  ____le __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048638	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.