2. The applicant requests back pay and allowances at the E-2 rate from 30 January 1994 through 27 February 1994.
3. The applicant states that he was promoted to the pay grade of E-2 on 30 January 1994 while in-transit to Fort Bragg, North Carolina. However, he did not begin to receive pay as an E-2 until March 1994 and has never received his back pay and allowances.
4. The applicants military records show that the applicant enlisted on 30 July 1993 for a period of 4 years for training as a heavy construction equipment operator.
5. On 8 February 1994, the applicants commander advanced the applicant to the pay grade of E-2, effective 30 January 1994. The promotion instrument (DA Form 4187) indicates that the applicant was in-transit on the effective date of his promotion.
6. The applicants leave and earnings statements covering the period 1 January through 31 March 1994 indicate that the applicant did not begin receiving pay at the E-2 rate until March 1994. He was paid at the E-2 rate effective 28 February 1994. There is no indication in the available records to show that he ever received his back pay to 30 January 1994.
7. Army Regulation 600-8-19 serves as the authority for the promotion of enlisted personnel. It states, in pertinent part, that advancement to the pay grade of E-2 after 6 months time in service (except for those flagged or barred from reenlistment) will be executed automatically by the enlisted master file for posting to the SIDPERS Personnel File and the Master Military Pay File. DA Forms 4187 are not required for automatic advancement to E-2 at 6 months time in service.
8. In similar cases where soldiers were not advanced automatically because they were in-transit and the commander had to issue a DA Form 4187 to advance the soldier retroactively, the Enlisted Records and Evaluation Center has recommended that the soldier be paid back pay and allowances from the date the advancement should have been accomplished.
CONCLUSIONS:
1. The applicant was not automatically promoted to the pay grade of E-2 on time by the enlisted master file while in-transit to his new duty station. Consequently, the applicants gaining commander was required to manually initiate action to effect the promotion.
2. Although the gaining commander took the appropriate steps to advance the applicant to the pay grade of E-2, the applicant did not receive his pay for that grade until March 1994, and then he only received his pay effective beginning 28 February 1994, instead of 30 January 1994.
3. Consequently, the applicant is entitled to receive back pay and allowances from 30 January through 27 February 1994.
4. In view of the foregoing, it would be in the interest of justice to correct the applicants 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 pay grade E-2 effective 30 January 1994 with a same date of rank and that he receive all appropriate pay and allowances resulting from that promotion.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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