APPLICANT REQUESTS: In effect, payment of back pay and allowances for the difference between the pay grade of E-3 and E-1 from 1 April 1994 through 31 August 1995.
APPLICANT STATES: That he enlisted on 10 September 1993 and was being paid properly until he was transferred to Korea. At that point he began being paid as an E-1 and it was not corrected until September 1995. In support of his application he submits copies of his leave and earning statements for the months of April 1994 and August 1995 depicting his pay grade as E-2.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 10 September 1993 for a period of 3 years in the pay grade of E-3 for training as an armament repairer.
In the processing of this case a staff member of the Board contacted officials at the local Defense Finance and Accounting Service (DFAS) office to ascertain why the applicant was being paid in the pay grade of E-2 during the aforementioned period. The DFAS officials indicated that nonjudicial punishment (NJP) was imposed against the applicant on 24 February 1994 which resulted in a reduction to the pay grade of E-2 and a forfeiture of $200.00.
A review of the applicants official records failed to reveal a copy of the NJP. However, given the applicants rank and time in service, it would not be appropriate for the record of proceedings of NJP to be filed in his official records based on current regulatory guidance.
Army Regulation 600-8-104 prescribes the policies and procedures for the composition and maintenance of military personnel records. It states, in pertinent part, that records of proceedings of NJP (DA Form 2627) issued on or after 25 January 1990 for soldiers in the pay grade of E-4 or below, will be filed locally in unit NJP files and will not be filed in the Military Personnel Records Jacket or Official Military Personnel File.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Although corrections of this nature are normally resolved at the unit level, the applicant has provided no evidence to show that he attempted to resolve the error at the time it occurred or provide corroboration from unit officials that the reduction in grade was in error or unjust.
3. In view of the information obtained from the DFAS officials and in the absence of evidence to the contrary, it must be presumed that the applicant was properly reduced in grade as a result of the imposition of NJP.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
ARMY | BCMR | CY1995 | 9507377C070209
APPLICANT STATES: In effect, as a result of retaliation for filing an EO complaint against his rater, he was removed from his duty position. It noted that information provided by the Florida Army National Guard indicated the applicants duty position was grade at E-7 some time between 1989, when [the applicant] was hired, and July 1993. Manning documents provided by that office confirm the position was graded at E-7 at least by July 1993. The evidence confirms, contrary to the...
ARMY | BCMR | CY1996 | 9606815C070209
APPLICANT STATES: That at the time he requested separation under the Voluntary Separation Incentive (VSI) option of the Voluntary Separation Incentive Program (VSIP), he also requested a waiver of recoupment of any funds he still owed (in lieu of completing his active duty service obligation (ADSO)) for having participated in an ACS program. He specified in his request that he did not desire to separate from the service if his request for the VSI was not approved. Although, the applicants...
ARMY | BCMR | CY1995 | 9510287C070209
APPLICANT STATES: That promotion boards have discriminated against him by not selecting him for promotion because of his weight. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: 1. While it is unfortunate that the applicant has not been selected for promotion, his contention that promotion board discrimination based on his weight...
ARMY | BCMR | CY1996 | 9608168C070209
APPLICANT REQUESTS: Removal of a record of proceedings of nonjudicial punishment (NJP) dated 17 September 1992 from his Official Military Personnel File (OMPF) and promotion reconsideration to the pay grade of E-7 with all back pay and allowances if he is selected. The record of proceedings of NJP that served as the basis for the QMP action was imposed against the applicant on 17 September 1992, while he was serving in the pay grade of E-6 in Panama. Although the applicant successfully...
ARMY | BCMR | CY2004 | 20040010540C070208
His punishment consisted of a reduction to the pay grade of E-1 (suspended for 60 days), a forfeiture of pay and extra duty. The applicant’s pay records are not present in the available records and there in no indication in the available records to show that the applicant was not being paid in the appropriate pay grade at the time of his REFRAD. However, he has failed to show through the evidence submitted with his application or the evidence of record that he was not being properly paid...
ARMY | BCMR | CY2001 | 2001057823C070420
The applicant again applied to the Board requesting that he be granted promotion reconsideration to the pay grade of E-8 for 1994. However, in light of the new evidence which shows that the NCOER was not in his records at the time in question and since he was ineligible for promotion, there is no basis to grant him reconsideration for those boards that failed to select him. Accordingly, the Board finds that there is no basis to grant him further relief than he has already received, based...
ARMY | BCMR | CY1996 | 9608637C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That his DA Imposed Bar to Reenlistment under the Qualitative Management Program (QMP) be reconsidered. EVIDENCE OF RECORD: The applicant's military records show: On 29 August 1978 he enlisted in the Army for 3 years in the pay grade of E-1. Army Regulation 635-200 sets forth the basic...
ARMY | BCMR | CY2008 | 20080008539
He elected to participate in the Reserve Component SBP (RCSBP) for natural person with insurable interest coverage (his sister, age 52, born on 27 February 1941), option C. The front side of the DD Form 1883 stated, IMPORTANT: The decision you make with respect to participation in the Survivor Benefit Plan is a permanent irrevocable decision. The applicant's DD Form 149, dated 1 May 2008, is therefore accepted as sufficient to show he properly requested termination of his SBP natural...
ARMY | BCMR | CY1996 | 9609795C070209
APPLICANT STATES: That he went TDY from Panama [his permanent duty station] to Honduras. On 12 September 1995, he was issued TDY orders for a 179-day assignment to Honduras. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: 1.
ARMY | BCMR | CY2002 | 2002070467C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The record clearly shows that he voluntarily submitted a request for immediate separation based on his being barred from reenlistment.