2. The applicant requests, in effect, that his records be corrected to reflect that he was promoted to the pay grade of E-5 effective 1 August 1995 to coincide with his date of rank (DOR) of 1 August 1995 and that he be paid all back pay and allowances from that date.
3. The applicant states, in effect, that an error was made in the computation of his promotion points that resulted in his being promoted effective 8 March 1996 with a DOR of 1 August 1995. However, because the effective date of his promotion was 8 March 1996 he has been unable to receive his back pay for the promotion.
4. The applicants military records show that while serving in the USAR in the pay grade of E-4, he enlisted in the Regular Army on 24 February 1993 for a period of 4 years.
5. On 8 March 1996 orders were published which promoted the applicant to the pay grade of E-5 effective 8 March 1996, with a DOR of 1 August 1995.
6. In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Promotions Branch which opined that the applicants promotion was valid and that his records should be corrected to reflect an effective date of 1 August 1995 in order to coincide with his date of rank.
CONCLUSIONS:
1. The applicant was properly promoted on 8 March 1996 with a DOR of 1 August 1995. However, the applicants effective date of 8 March 1996, the date the orders were published, effectively denied him the benefits (pay and allowances) that he otherwise would have been entitled to receive, had he been properly promoted on 1 August 1995. Therefore, his orders should have reflected an effective date of 1 August 1995 in order for the applicant to receive retroactive pay and allowances for the promotion.
2. In the interest of justice, it would be appropriate to correct the applicants records to reflect a DOR and effective date of 1 August 1995.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by changing the effective date of promotion of the individual concerned from 8 March 1996 to
1 August 1995, with entitlement to all pay and allowances from that date.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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