2.  In effect, the applicant requests that his advancement to pay grade E-4 be effective in May 1993.  He states, in effect, that his college transcripts show that he should have been enlisted in pay grade E-4, but he has been paid as an E-3 since he came in the Army. 

2.  Informal coordination with an official of the Defense Finance and Accounting Service indicates that the applicant enlisted in the Army on 3 May 1993.  

3.  The applicant was advanced to pay grade E-4 effective 
10 August 1993 with a date of rank of 16 March 1993, by the commanding officer of a medical unit at Fort Sam Houston, Texas.  In the instrument of advancement, that official stated that the applicant could apply to this Board for correction of the effective date of his promotion to reflect 16 March 1993, and thus receive adjustment of any pay and allowances.  The authority for this advancement is Army Regulation 601-210, table 2-3, rule E.

4.  Army Regulation 601-210 governs the eligibility criteria, policies, and procedures for enlistment in the Army.  Table 2-3, rule E, states, in effect, an applicant who has been awarded a bachelors degree, will be enlisted in pay grade E-4.

5.  Army Regulation 600-8-19 prescribes the policies and procedures for promotion of enlisted personnel.  Paragraph 1-13 of that regulation states that the date of rank for promotion to a higher grade is the date specified in the instrument of promotion.  The date of rank and effective date will be the same. 

CONCLUSIONS:

1.  The applicant enlisted in the Army on 3 May 1993.  Notwithstanding the action advancing him to pay grade E-4 with a date of rank of 16 March 1993 by the commander of the medical unit at Fort Sam Houston, the applicant’s date of rank and effective date of advancement to pay grade E-4 should have been 3 May 1993.

2.  It is not the policy to penalize an applicant for requesting relief from the Board; however, the Board notes that the applicant is requesting only that relief which is due him, that is, advancement to pay grade E-4 effective upon his enlistment in the Army on 3 May 1993.

3.  In view of the foregoing findings and conclusions, 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 applicant was advanced to pay grade E-4 with a date of rank and effective date of 3 May 1993.                 

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON