2. The applicant requests correction of his military records to reflect his proper basic active service date (BASD), basic pay entry date (BPED), and the correct effective date of his promotion to the pay grade of E-4 with entitlement to all back pay and allowances.
3. The applicant states, in effect, that his BASD and BPED were incorrectly computed, in that, they do not give him credit for his USAR service. He further states that he was promoted to the pay grade of E-4 on 9 November 1995 with a retroactive effective date of 26 September 1995 and desires the back pay and allowances to which he is entitled.
4. The applicants military records show that after serving 2 years, 7 months, and 13 days of service in the USAR, the applicant enlisted in the Regular Army for a period of 3 years on 21 January 1994 in the pay grade of E-2.
5. He was promoted to the pay grade of E-4 on 9 November 1995 with a date of rank of 26 September 1995. The promotion instrument (DA Form 4187E) indicates that he should have been promoted on 26 September 1995 and that he should apply to the Board for correction of the effective date.
6. The Enlisted Records and Evaluation Center (EREC), in a memorandum to the Board provided a statement of service indicating all periods of the applicants service and opined that a correction of his service dates would be appropriate. The EREC also recommended that the effective date of the applicants promotion to the pay grade of E-4 also should be changed to 26 September 1995.
CONCLUSIONS:
1. It appears that based on the available records and the statement of service provided by the EREC that there is a discrepancy in the applicants service dates. Consequently, it would be in the interest to make the appropriate changes to his records.
2. Likewise, the applicant should have been promoted to the pay grade of E-4 on 26 September 1995. However, through an administrative error his promotion was delayed until 9 November 1995, which has resulted in an injustice to the applicant and should be corrected accordingly.
3. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by adjusting the BASD and BPED of the individual concerned as appropriate.
2. That the effective date of the applicants promotion to the pay grade of E-4 be corrected to show that he was promoted effective 26 September 1995 and is entitled to all pay and allowances that result from the correction of his records.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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