2.  The applicant requests correction of the effective date of his promotion to the pay grade of E-2 to reflect 30 May 1995 with entitlement to all back pay and allowances from that date.

3.  He states, in effect, that he was supposed to be automatically advanced to the pay grade of E-2 on 30 May 1995.  However, for reasons not explained he was not promoted until 16 October 1995 with a date of rank of 30 May 1995.  He goes on to state that he never received his back pay and allowances and that his promotion order directed him to apply to the Board to correct the effective date of his promotion in order for him to receive his pay and allowances. 

4.  The applicant’s military records show that the applicant enlisted on 30 November 1994 for a period of 4 years and for training as a medical specialist.

5.  On 16 October 1995, while stationed at Fort Campbell, Kentucky, the applicant’s commander published orders (DA Form 4187-E) promoting the applicant to the pay grade of E-2 effective the same day but with a date of rank of 30 May 1995.  The orders also contained special instructions advising the applicant to apply to this Board for a correction of his records because he should have been automatically promoted to the pay grade of E-2 effective 30 May 1995.

6.  The applicant was honorably discharged on 30 June 1996 under the provisions of Army Regulation 635-200, chapter 18.

7.  Army Regulation 600-8-19 provides policies and procedures governing the promotion of enlisted personnel.  Paragraph  1-13 states, in pertinent part, that for soldiers being advanced to the pay grades E-1 through E-4, commanders will submit a DA Form 4187 to the next higher advancement authority requesting that a soldier be advanced with a retroactive date and explaining the reason for delay in advancement.  If the next higher advancement authority approves the request, he or she will indicate by first endorsement and direct the soldier’s advancement with the correct effective date.  The approval will be filed in the individual’s Military Personnel Records Jacket.

CONCLUSIONS:

1.  The applicant was not properly advanced to the pay grade of E-2 on 30 May 1995.  Consequently, orders were subsequently published which promoted the applicant to the pay grade of E-2 on 16 October 1995 with a date of rank of 30 May 1995.

2.  However, the orders directing the applicant’s promotion to the pay grade of E-2 incorrectly advised the applicant that he was required to apply to this Board in order to have the effective date of his promotion changed and in order to receive his back pay and allowances.  The applicable regulation cited in the applicant’s orders contains a provision that allowed the commander to effect a change to the applicant’s effective date of promotion and would have allowed him to be paid back pay.

3.  Inasmuch as the applicant has already been separated from the service, it would be in the interest of justice for the Board to direct the correction of the applicant’s records as requested and to direct his payment of back pay and allowances due as a result of this change.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records 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 pay grade of E-2 effective 30 May 1995 instead of 16 October 1995, with entitlement to all pay and allowances that result from the promotion.                
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON