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Decision Text

ARMY | BCMR | CY1995 | 9506764C070209
Original file (9506764C070209.TXT) Auto-classification: Approved
2.  In effect, the applicant requests that the date of the orders promoting him to pay grade E-5 be changed from 
4 August 1992 to 1 July 1992, the effective date of his promotion, in order for him to receive all pay and allowances in that grade effective 1 July 1992.  

3.  The applicant was promoted to pay grade E-5 with a date of rank and effective date of 1 July 1992 by a unit order dated 4 August 1992.  He was discharged upon the expiration of his term of service (ETS) on 3 February 1993. 

4.  Army Regulation 600-8-19 governs 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 the effective date will be the same.  

5.  That paragraph continues to say that if the effective date is prior to the date of the promotion instrument, in the case of soldiers being promoted to pay grade E-5, then the promotion section will initiate a memorandum to the promotion authority, explaining the specific reason for the delay.  The memorandum will be signed by the commander or officer in charge.  Once the promotion authority approves the request, he will so indicate by endorsement to the promotion section.  The promotion section will then publish the promotion order.  (NOTE:  Informal coordination with an official of the Defense Finance and Accounting Service indicates that these procedures must be followed to ensure that a soldier receives pay and allowances in his promoted grade).

CONCLUSIONS:

1.  There is no evidence of record to indicate that the procedures outlined in paragraph 5 above were followed, but if not, they should have been.


2.  The applicant was promoted to pay grade E-5 effective 
1 July 1992 with a date of rank of 1 July 1992.  He should receive all pay and allowance in that pay grade effective 
1 July 1992.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicantÂ’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:

     a.  was promoted to pay grade E-5 with a date of rank and effective date of 1 July 1992, and

     b.  receive all pay and allowances in pay grade E-5 effective 1 July 1992.                    

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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