PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            25 February 2003                 
	DOCKET NUMBER:   AR2002074853

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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 correction of his records to show that he was entitled to back pay and allowances in the pay grade of sergeant (SGT/E-5) from 
1 through 25 September 1990.  This is, in effect, a request to also change his effective date of promotion of sergeant to 1 September 1990.

3.  The applicant states, in effect, that he is entitled to back pay and allowances in the pay grade of E-5 from 1 through 25 September 1990.  In support of his application, he submits a copy of his promotion orders.

4.  The applicant’s military records show that he enlisted in the USAR on 4 May 1987, for a period of 8 years.  He entered active duty in the Regular Army on  9 September 1987, as a chemical operations specialist.  

5.  The applicant provided a copy of his promotion orders, dated 26 September 1990, which shows that he was promoted to SGT/E-5 with a date of rank (DOR) of 1 September 1990 and an effective date of 26 September 1990.  

6.  He continued to serve until he was released from active duty on 27 January 1992. 

7.  On 28 January 1992, he enlisted in the Ohio Army National Guard (OHARNG) for a period of 3 years.  He was promoted to staff sergeant (SSG/E-6) with an effective date and DOR of 1 February 1993.  He continued to serve until he was honorably discharged from the OHARNG on 1 August 1994.  He was transferred to the USAR Control Group (Reinforcement) where he continues to serve.

8.  In the processing of the case an advisory opinion was provided by the Total
Army Personnel Command (PERSCOM), Chief, Promotions Branch.  PERSCOM stated that the applicant was requesting back pay and allowances from 1 through 25 September 1990 for his promotion to SGT.   A review of the applicant's
case revealed that he was promoted with a DOR of 1 September 1990 and an effective date of 26 September 1990, the date of the promotion order.  In accordance with Army Regulation 600-200, dated 22 January 1988, paragraph 
7-34c, soldiers who, for any reason, are not promoted to grade E-5 or E-6 on the first calendar day of the month will be entitled to increased pay and allowances from the date of the promotion order.  However, the DOR will be established under paragraph 7-34a.  In conclusion, the advisory opinion recommended that the applicant be granted retroactive pay and allowances from 1 through 25 September 1990. 

9.  The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.

10.  Army Regulation 600-200, in effect at that time, set forth the basic authority for the Enlisted Personnel Management System.  Chapter 7 covers Promotions and Reductions.  Paragraph 7-34, applies to establishing DOR.  Subparagraph  7-34a stated that the DOR would be the same as the effective date of promotion. If the promotion was delayed due to administrative error, the DOR would be the effective date that the promotion should have occurred.  Subparagraph 7-34c 
stated that soldiers who, for any reason, are not promoted to grade E-5 or E-6 on 
the first calendar day of the month would only be entitled to increased pay and allowances from the date of the promotion order.  

CONCLUSIONS:

1.  The evidence of record shows that he was promoted to SGT/E5 with a DOR of 1 September 1990 and effective date of 26 September 1990, the date of his promotion orders.

2.  In accordance with regulation, soldiers who, for any reason, are not promoted to E-5 or E-6 on the first calendar day of the month will only be entitled to increased pay and allowances from the date of the promotion order. 

3.  It appears that the applicant's promotion was delayed due to an administrative error beyond his control that caused his effective date not to be the same as his DOR.  Therefore, based on the advisory opinion provided by PERSCOM, this Board recommends that the applicant be granted retroactive pay and allowances from 1 through 25 September 1990 in the pay grade of E-5.

4.  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 for the individual concerned be corrected by showing that he was promoted to pay
grade E-5 effective 1 September 1990 with a DOR of 1 September 1990 with entitlement to back pay and allowances from 1 through 25 September 1990 in the pay grade of E-5.

BOARD VOTE:  

_LF_____  _JNS___  _REB___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074853	
SUFFIX		
RECON		
DATE BOARDED	20030225	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920127	
DISCHARGE AUTHORITY	AR 635-200, chap 16	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	283	
2.		
3.		
4.		
5.		
6.