PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 MAY 2002                   
	DOCKET NUMBER:   AR2002067430

	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. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 date of rank to pay grade E-6 be corrected from 19 July 2001 to 1 September 2001; and that he be granted 
de facto status for the period 19 July 2001 through 31 August 2001, in order to keep pay and allowances he received as a result of the erroneous promotion. 

3.  The applicant states that he was erroneously promoted to pay grade E-6 on 19 July 2001, and should have been promoted on 1 September 2001.  In support of his request he submits copies of his promotion and revocation orders, a copy of a review of de facto status, and a copy of his reenlistment document.  

4.  While the Board is aware that changing an individual’s date of rank and granting de facto status is generally a purely administrative matter, information received from the Defense Finance Service Center (DFAS) indicates that such action has not been accomplished for this applicant (possibly due to the applicant’s change in assignment and career management office), and as such the Board deemed it appropriate to act on this request.

5.  The applicant’s military records show that he reclassified from Military Occupational Specialty (MOS) 73D to 97B effective 19 July 2001.   

6.  Orders 204-06, dated 23 July 2001, promoted the applicant to the pay grade E-6, with an effective date and date of rank of 19 July 2001, in MOS 97B.

7.  On 29 August 2001, the 23 July 2001 promotion orders were revoked and   new promotion orders were published giving the applicant an effective date and date of rank of 1 September 2001.   

8.  The applicant’s promotion score exceeded the announced promotion cutoff score for the month of September 2001, which was the second month after his reclassification, and therefore entitled him to be promoted with a 1 September 2001 date of rank and effective date.

9.  On 20 September 2001, a legal review determined that, in accordance with Army Regulation 600-8-19, the applicant met the requirements for granting 
de facto status concerning his erroneous promotion to pay grade E-6.

10.  In the processing of this case an advisory opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM), Promotions Branch, which states that the applicant was erroneously promoted in his new MOS.  In accordance with Army Regulation 600-8-19, chapter 3, paragraph 3-29, soldiers with an approved voluntary reclassification will compete for promotion in their current primary MOS through the month of reclassification, and that soldiers who reclassify will 

compete against the promotion cutoff score and may be promoted in the newly awarded MOS effective the first day of the second month following reclassification.  The applicant was provided a copy of the advisory opinion and did not respond. 

11.  Army Regulation 600-8-19, paragraph 1-17, states that when a soldier has been erroneously promoted and has received pay at the higher grade, a determination of de facto status may be made only to allow the soldier to keep any pay and allowances received at the higher grade.

CONCLUSIONS:

1.  The applicant was erroneously promoted to pay grade E-6 on 19 July 2001, and his records should be corrected to show his correct promotion date of
1 September 2001.

2.  The erroneous promotion was no fault of the applicant, therefore de facto status should be granted to allow him to keep all pay and allowances from 
19 July 2001 through 31 August 2001.

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: 

a.  by correcting the applicant’s date of rank for promotion to pay grade
E-6 from 19 July 2001 to 1 September 2001; and

	b.  by granting the applicant de facto status allowing him to keep all pay and allowances received from 19 July 2001 through 31 August 2001.

BOARD VOTE:  

__MDM  _  __LE ___  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067430	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020523	
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.