PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            8 December 1999
	DOCKET NUMBER:   AR1999031100

	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. Loren G. Harrell		Director	
	Mr. Joseph Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		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 as a result of a change to his date of rank (DOR) to the grade of warrant officer 1 (WO1) and chief warrant officer 2 (CW2).

3.  The applicant states, in effect, that he was previously a commissioned officer and was recalled to active duty as a warrant officer under the aviation recall program.  He was promoted to CW2 effective 4 August 1999; however, based on a WO1 DOR determination made by the Promotions Branch at the Army’s Personnel Command (PERSCOM) he should have been promoted effective 
22 June 1999.

4.  The applicant’s military records show that on 28 May 1999, he was recalled to active duty as an aviation WO1 with a reporting date of 26 September 1999.  The applicant was assigned to the 18th Airborne Corps at Fort Bragg, North Carolina with an active duty commitment of 4 years. 

5.  On 22 July 1999, PERSCOM issued a DOR determination on the applicant which indicated that his DOR to WO1 was established as 22 January 1989.  With a WO1 DOR of 22 January 1989, the applicant attained eligibility for promotion to the rank of CW2 on 22 June 1999.  In this document, PERSCOM advised that the applicant should apply to this Board for the purpose of claiming back pay and allowances that may be due as a result of their DOR determination.

6.  On 4 August 1999, as a result of the PERSCOM DOR determination, the applicant was promoted to the rank of CW2 with a DOR of 22 June 1999. 

CONCLUSIONS:

1.  The DOR determination of PERSCOM establishes that the applicant should have been promoted to CW2, effective 22 June 1999.  Therefore, the Board concludes, in the interest of justice, that the applicant is entitled to receive all back pay and allowances based on this effective date of promotion.

2.  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 providing the individual concerned back pay and allowances due as a result of an effective date of promotion to CW2 of 22 June 1999.

BOARD VOTE:  

__rvo___  ___aao__  __jph____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999031100	
SUFFIX		
RECON		
DATE BOARDED	1999/12/08	
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.