PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 January 2002                  
	DOCKET NUMBER:   AR2001060032

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin 		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflect his correct pay grade.

3.  The applicant states, in effect, that he was promoted to the pay grade of E-4 but his DD Form 214 shows his pay grade as E-3.  He also has received his back pay as an E-4 during his active duty tour from the Defense Finance and Accounting Service.

4.  The applicant’s military records show that he was assigned to an Army National Guard (ARNG) unit in the pay grade of E-3 and reported to active duty to attend an Army service school on 29 October 1999.  Effective 1 November 1999, his ARNG unit commander promoted the applicant to the pay grade of E-4.

5.  The applicant completed his training, was separated from active duty, and returned to his ARNG unit on 8 December 2000.  His DD Form 214, in block 4b, shows his pay grade as E-3 and in block 12h, his date of pay grade as 1 May 1999.

6.  National Guard Regulation 600-200 provides for normal advancement to pay grade E-4 after completion of 6 months in pay grade E-3.  A commander may waive not more than one-half of the time in grade requirement.  The regulation also prohibits an ARNG promotion when the soldier is serving on a tour of active duty.

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-4 effective 1 November 1999; however he had started a tour of active duty on 29 October 1999.

2.  The Board believes that it was clearly the commander’s intent to promote the applicant at his earliest opportunity and allow him to serve on active duty in the pay grade of E-4.  The applicant has already been paid as an E-4 for his active duty period.  The commander had the authority to waive 4 days of the applicant’s time in grade requirement and the Board believes that this would have been done if the applicant’s active duty start date had been known.

3.  It would be in the interest of justice to correct the applicant’s records, as an exception to policy, to show that he was promoted to the pay grade of E-4, effective 28 October 1999, with an approved waiver of 4 days time in grade.

4.  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 for the individual concerned be corrected by showing on his DD Form 214, with a separation date of 8 December 2000, that his pay grade at separation was E-4 effective 28 October 1999.

BOARD VOTE:  

_jlp____  _kwl____  _cjp____      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060032	
SUFFIX		
RECON		
DATE BOARDED	20020117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.