ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  BOARD DATE:  24 October 2019

                  DOCKET NUMBER:  AR20190003671

APPLICANT REQUESTS:  back pay for Staff Sergeant (SSG) for the month of 
June 2007.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 827 (Application for Arrears in Pay), dated 19 February 2018
*	Orders 177-01, dated 26 June 2007, promotion to SSG
*	Defense Finance and Accounting Service (DFAS) Debt and Claims Management 
ticket

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, section 1552 (b); however, the Army Board for Correction of Military 
Records conducted a substantive review of this case and determined it is in the interest 
of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

*	his leave and earning statement for the month of July 2007 is no longer available 
for viewing to reflect his promotion
*	his promotion orders state the correct date of rank of 1 June 2007
*	he was not paid at the rank of SSG on the date of 1 June 2007
*	he requests reimbursement of one month of SSG pay for the month(s) missed
*	he was not paid SSG pay until 1 July 2007
*	he was not aware of the error until after his 20 years served in the military

3.  The applicant provides the following documents for the Board's review:

*	DD Form 827, dated 19 February 2018, which states:
o	the period of arrears is 1 June 2007 through 30 June 2007
o	his military orders effective date is on 1 June 2007
o	his promotion pay to SSG did not start until 1 July 2007
o	he was not aware of the error until a Human Resources Command 
technician informed him of the error

*	Orders 177-01, published by 2d Brigade Combat Team, 4th Infantry Division, 
dated 26 June 2007, which state
o	the applicant is promoted from Sergeant to SSG
o	effective date of promotion is 1 June 2007
o	date or rank is 1 June 2007

*	correspondence from DFAS via a Debt and Claims Management ticket, which 
states:
o	on 20 February 2018, he requested a pay inquiry for his SSG pay for 1 June 
2007
o	on 26 April 2018, the applicant stated he had not received any information 
regarding his ticket
o	on 31 January 2019, a response from DFAS stating he may apply to the 
Army Board for Correction of Military Records if he believes he is the victim 
of an error or injustice which affects his military record

4.  The applicant's service records contain a DD Form 214 (Certificate of Release or 
Discharge from Active Duty) honorably retiring the applicant effective 30 April 2018 in 
the rank of SSG.  Item 12i (Effective Date of Pay Grade) lists the date of 1 June 2007.

5.  There is no evidence in the applicant's service record, and the applicant did not 
provide evidence, regarding his pay for the month of June 2007.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
is not warranted.  There is no evidence in the applicant's service record, and the 
applicant did not provide evidence of leave and earnings statement for the months of 
June and July 2007.  Without this evidence, it is not possible for the Board to make a 
fair and equitable decision. 


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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

 :X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION: 

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

												 
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.
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REFERENCE

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to       do so.  

// NOTHING FOLLOWS //

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