PROCEEDINGS

	
	BOARD DATE:             22 December 1999
	DOCKET NUMBER:     AR1999034790 

	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. Rick A. Schweigert		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Arthur A. Omaritian		Member	
	Mr. Ernest W. Lutz		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 that his date of rank and effective date of promotion to the rank of major be backdated from 22 June 1991 to 22 June 1990.  He further requests that he receive back pay for the retroactive promotion.

3.  The applicant states that the Board approved a previous request to grant him an additional 1 year of constructive service credit at his appointment.  Consequently, a special selection board considered him for promotion to major with a date of rank and effective date of promotion 1 year earlier than he previously held.  A special selection board also recommended him for promotion to the rank of lieutenant colonel 1 year earlier.  The Board adjusted his lieutenant colonel date of rank and directed that he be paid back pay for that retroactive promotion.  He goes on to state that, although the Total Army Personnel Command (PERSCOM) published orders adjusting his date of rank to major, the Defense Finance and Accounting Service (DFAS) refuses to pay him back pay without the Board’s approval.

4.  The applicant’s military records show that on 3 March 1999 the PERSCOM published orders adjusting the applicant’s date of rank to major from 22 June 1991 to 22 June 1990.  

5.  On 28 July 1998 the Board approved the applicant’s retroactive promotion to lieutenant colonel by 1 year.  In the processing of that case, the Board obtained an opinion from the PERSCOM.  The PERSCOM stated in that opinion that the applicant’s date of rank to major had been adjusted to 22 June 1990.  Therefore, it stated that he was entitled to have his date of rank to lieutenant colonel amended to 22 June 1996.  

6.  In the 28 July 1998 case the Board specifically awarded the applicant back pay for his amended date of rank to lieutenant colonel.  Apparently, the Board was under the impression that the applicant had received his back pay for his amended date of rank to major because no recommendation was made regarding the amended date of rank to major.

CONCLUSIONS:

1.  The Board awarded the applicant an additional year of constructive service credit that resulted in an adjustment of his date of rank to major.

2.  Accordingly, it would be in the interest of justice to amend his date of rank and effective date of promotion to major to 22 June 1990, with entitlement to all pay and allowances from that 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 that the individual concerned was promoted to the rank of major effective 22 June 1990 with a same date of rank and with entitlements to all back pay and allowances.  

BOARD VOTE:  

_AAO___  __EWL___  _RVO__   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor
		     CHAIRPERSON

INDEX

CASE ID	AR1999034790	
SUFFIX		
RECON		
DATE BOARDED	19991222	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102.07		
2.		
3.		
4.		
5.		
6.		

								                    S:  6 March 2000

SFMR-RBR - 1st End (22 Dec 99, Docket Number AR1999034790)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                                 3 January 2000

TO:  Commander, Total Army Personnel Command, ATTN:  TAPC-MSE-A, 
	  200 Stovall Street, Alexandria, Virginia  22332-0400

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 6 March 2000.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
SFMR/pmp
DFAS
Schweigert