PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 May 2002
	DOCKET NUMBER:   AR2002072962

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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 he be provided back pay and allowances due as a result of a correction made to his chief warrant officer two (CW2) date of rank.   

3.  The applicant provides a date of rank determination memorandum published by the Promotions Branch, Total Army Personnel Command (PERSCOM), 
Alexandria, Virginia, in support of his application.  

4.  The applicant’s military records show that he is currently serving on active duty at Fort Rucker, Alabama, in the rank of CW2/W-2.  

5.  On 11 March 2002, the Chief, Military Personnel Services Team 2, Military Personnel Division (MPD), Fort Rucker, Alabama, submitted a memorandum to the Commander, PERSCOM, requesting a date of rank determination on the applicant.  

6.  On 26 April 2002, the PERSCOM promotions branch published a memorandum, Subject:  Date of Rank Determination, pertaining to the applicant. This memorandum indicated that the Fort Rucker request for a date of rank determination on the applicant had been reviewed, and based on the new information provided, it was determined that the applicant’s warrant officer one (WO1) date of rank was 1 April 1997.  Based on this WO1 date of rank, the applicant gained eligibility for promotion to CW2 on 8 March 2002, and PERSCOM took action to correct his records to reflect this promotion date. The memorandum further stipulated that the applicant would have to apply to this Board to receive any back pay and allowances due as a result of the change in his CW2 date of rank. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is due back pay and allowances based on the change in his CW2 promotion date, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant gained eligibility and should have been promoted to the rank of CW2 effective 8 March 2002.  However, due to an error in his WO1 date of rank he was not promoted to CW2 on time.  Army personnel officials have since taken administrative action to correct the error and have corrected the applicant’s record accordingly.  Thus, the Board concludes it would be appropriate to provide the applicant any back pay and allowances due as a result of the change in CW2 promotion date.

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 the applicant was promoted to the rank and pay grade of CW2/W-2, effective 8 March 2002; and by providing him any back pay and allowances due as a result. 

BOARD VOTE:  

_RVO___  ___JPI__  __PM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002072962	
SUFFIX		
RECON		
DATE BOARDED	2002/05/30	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.