RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 JANUARY 2005                  
	DOCKET NUMBER:   AR2003090867

	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. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she separated in the pay grade of E-4.

2.  The applicant states that on 15 April 1999, she was flagged for weight control, on 31 August 1999, the flag was lifted.  She was promoted to Specialist effective 1 November 1999, however she never received the promotion.
 
3.  The applicant provides copies of a DA From 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 29 April 1999, a Body Fat Worksheet, dated 14 April 1999, a DA Form 268, dated 31 August 1999, a DA Form  4187 (Personnel Action) dated 24 February 2000, and a copy of her DD Form 214. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             15 December 1999.  The application submitted in this case is dated 14 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 29 July 1997 for a period of      2 years.

4.  Effective 15 April 1999, the applicant was flagged for exceeding the body fat standards.  On 31 August 1999, the flag was removed. 

5.  The applicant was separated on 15 December 1999, under the provisions of Army Regulation 635-200, chapter 4, for completion of required service.  Her DD Form 214 indicates she had 2 years 4 months and 17 days of active service, and was separated in the pay grade of E-3, with an Effective Date of Pay Grade shown as 1 December 1998. 

6.  On 24 February 2000, the applicant’s former unit published a document promoting the applicant to the pay grade of E-4, with a date of rank and effective date of 1 November 1999.  The applicant had already been released from active duty at the time the promotion was announced.
DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was flagged for weight control, and that the flag was closed on 31 August 1999.

2.  The applicant separated on 15 December 1999, however on 24 February 2000, subsequent to her discharge, her losing commander promoted her to the pay grade of E-4, with an effective date and date of rank of 1 November 1999. 

3.  The lateness of the applicant’s promotion was due to no fault of the soldier, and her records should be corrected to show she was promoted to the pay grade of E-4, with back pay and entitlements from the effective date of her promotion,  (1 November 1999) to her date of separation (15 December 1999).  

4.  The applicant’s DD Form 214 should be corrected to show she was separated in the pay grade of E-4, with an Effective Date of Pay Grade shown as 
1 November 1999. 

BOARD VOTE:

__AAO __  __LE ___  ___YM __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was promoted to pay grade of E-4, with and effective date of 1 November 1999, with entitlements to pay and allowances from 1 November 1999 through 15 December 1999.  

		__  Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090867	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040127	
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.	110.00	
2.		
3.		
4.		
5.		
6.