IN THE CASE OF:	 

		BOARD DATE:	       14 April 2009

		DOCKET NUMBER:  AR20090002792 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests back pay due to his adjusted date of rank (DOR) to major.

2.  The applicant states, in effect, that due to an error by the promotion board his promotion to major was delayed until 2004 and that he should have been promoted in 2001.  He contends that his DOR to major was adjusted from 3 April 2004 to 27 June 2001 by a Special Selection Board (SSB). 

3.  The applicant provides promotion orders, dated 2 June 2004; promotion orders, dated 14 December 2007; a letter, dated 7 January 2008, from the U.S. Army Human Resources Command, St. Louis, Missouri; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.   

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army and commissioned service in the U.S. Army Reserve (USAR), the applicant was promoted to major in the USAR effective 3 April 2004.  

2.  A letter, dated 7 January 2008, from the Office of Promotions, Reserve Component, U.S. Army Human Resources Command, St. Louis, Missouri states, in pertinent part, that on 2 April 2003 the SSB selected him for promotion to major under the 2001 criteria.  The letter also states that his local finance and accounting office would be informed of the correction of his record; however, since he was in a troop unit at the time of his adjusted DOR he would have to apply to the Army Board for Correction of Military Records for pay back pay. 

3.  Orders, dated 14 December 2007, show the applicant was promoted to major with an effective date and DOR of 27 June 2001.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant's DOR to major was adjusted from 3 April 2004 to 27 June 2001.  He should be paid all back pay and allowances due as a result of his adjusted DOR to major.

BOARD VOTE:

____x____  ___x_____  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying to him any and all back pay and allowances due as a result of his adjusted DOR to major effective 27 June 2001.




      _______ _   x_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090002792





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ABCMR Record of Proceedings (cont)                                         AR20090002792



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