MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR1999034870

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to authorize the difference in pay grade E-6 and E-7 be paid to him for 5 months. 

APPLICANT STATES: In effect, that he lost the difference because the Army revoked his initial promotion orders.  He provides leave and earning statements, which verify he was not paid in pay grade E-7 during the period he requests.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was considered and selected by the Calendar Year 93a SFC Promotion Selection Board and was assigned sequence number 127 in military occupational specialty (MOS) 95B (Military Police).

On 13 May 1994, he was reclassified into MOS 18B (Special Forces Weapons Sergeant).

On 1 July 1994, he was promoted to pay grade E-7 in MOS 95B.  

On 14 July 1994, he was advised by the Chief, Enlisted Promotions, Personnel Command (PERSCOM) that his promotion orders had been revoked because he was no longer holding the MOS in which he was recommended for promotion.  Also that he would be assigned a new sequence number of 2.5 in MOS 18B.  

On 1 November 1994, he was promoted to pay grade E-7 in MOS 18B.

On 12 May 2000, the Chief, Promotions Branch, PERSCOM opined that the applicant was not promoted on 1 July 1994, but 1 November 1994 and therefore not entitled to the pay he is requesting.

On 17 May 2000, the PERSCOM opinion was furnished to the applicant for his acknowledgment/rebuttal.  The applicant did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The evidence of record clearly shows the applicant was not entitled or promoted to pay grade E-7 effective 1 July 1994, but on 1 November 1994.  There is no error or injustice.

2.  His contentions have been noted; however based on his voluntary change of MOS, his promotion date (sequence number) was realigned with his contemporaries.  He did not perform the duties of his new grade and MOS until   1 November 1994, and he is not entitled to the additional pay he is requesting.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__tk____  ___jk__  ___sk____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999034870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.128	Pay	
2.		
3.		
4.		
5.		
6.