2. The applicant requests correction of the effective date of his promotion to the pay grade of E-2 to reflect 30 May 1995 with entitlement to all back pay and allowances from that date.
3. He states, in effect, that he was supposed to be automatically advanced to the pay grade of E-2 on 30 May 1995. However, for reasons not explained he was not promoted until 16 October 1995 with a date of rank of 30 May 1995. He goes on to state that he never received his back pay and allowances and that his promotion order directed him to apply to the Board to correct the effective date of his promotion in order for him to receive his pay and allowances.
4. The applicants military records show that the applicant enlisted on 30 November 1994 for a period of 4 years and for training as a medical specialist.
5. On 16 October 1995, while stationed at Fort Campbell, Kentucky, the applicants commander published orders (DA Form 4187-E) promoting the applicant to the pay grade of E-2 effective the same day but with a date of rank of 30 May 1995. The orders also contained special instructions advising the applicant to apply to this Board for a correction of his records because he should have been automatically promoted to the pay grade of E-2 effective 30 May 1995.
6. The applicant was honorably discharged on 30 June 1996 under the provisions of Army Regulation 635-200, chapter 18.
7. Army Regulation 600-8-19 provides policies and procedures governing the promotion of enlisted personnel. Paragraph 1-13 states, in pertinent part, that for soldiers being advanced to the pay grades E-1 through E-4, commanders will submit a DA Form 4187 to the next higher advancement authority requesting that a soldier be advanced with a retroactive date and explaining the reason for delay in advancement. If the next higher advancement authority approves the request, he or she will indicate by first endorsement and direct the soldiers advancement with the correct effective date. The approval will be filed in the individuals Military Personnel Records Jacket.
CONCLUSIONS:
1. The applicant was not properly advanced to the pay grade of E-2 on 30 May 1995. Consequently, orders were subsequently published which promoted the applicant to the pay grade of E-2 on 16 October 1995 with a date of rank of 30 May 1995.
2. However, the orders directing the applicants promotion to the pay grade of E-2 incorrectly advised the applicant that he was required to apply to this Board in order to have the effective date of his promotion changed and in order to receive his back pay and allowances. The applicable regulation cited in the applicants orders contains a provision that allowed the commander to effect a change to the applicants effective date of promotion and would have allowed him to be paid back pay.
3. Inasmuch as the applicant has already been separated from the service, it would be in the interest of justice for the Board to direct the correction of the applicants records as requested and to direct his payment of back pay and allowances due as a result of this change.
4. In view of the foregoing, it would be appropriate 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 the pay grade of E-2 effective 30 May 1995 instead of 16 October 1995, with entitlement to all pay and allowances that result from the promotion.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY2007 | 20070007821
The 343rd Combat Support Hospital, Brooklyn, New York, Report of Promotion Board Proceedings for Promotion to SGT/E-5 and SSG/E-6, dated 5 October 1995. c. Department of the Army, Headquarters, 77th RSC, Fort Totten, New York, Promotion Orders Number 72-2, to SGT/E5, dated 5 March 1996. d. DA Form 4187 (Personnel Action), dated 11 June 1996, request for correction of DOR, together with the commander's endorsement, dated 18 July 1996, and the 77th RSC response, dated 13 September 1996. There...
ARMY | BCMR | CY2009 | 20090002753
The applicant requests correction of his records to show award of the National Defense Service Medal and the Army Commendation Medal; any other awards, decorations, and campaign ribbons he may have earned; and promotion to the next higher grade. Army Regulation 600-8-22 (Military awards) provides for award of the National Defense Service Medal. With respect to award of the National Defense Service Medal, the evidence of record shows that the applicant was ordered to ADT and entered active...
ARMY | BCMR | CY2002 | 2002081099C070215
Evidence of record shows that the applicant was considered, and selected, for promotion to colonel/pay grade O-6 by a Department of the Army Special Selection Board and that his effective date of promotion was 2 March 1998. As such, the applicant is not entitled to have his records corrected to show an extension of his MRD beyond 3 September 2001, or his service beyond 30 September 2001. d. Correcting the individual’s military records to show that he was promoted to colonel/pay grade O-6...
ARMY | BCMR | CY2005 | 20050007792C070206
The applicant requests that his records be corrected to reflect that he was advanced to the pay grade of E-4 on 1 June 2000 and that his subsequent reductions and promotions be adjusted accordingly, with entitlement to all back pay and allowances. Again, the reduction instrument is not present in the available records; however, they show that he was reduced to the pay grade of E-2 on 29 August 2000. Accordingly, he could not be promoted 2 months later to the pay grade of E-4 on 1 June 2000.
ARMY | BCMR | CY1996 | 9607669C070209
APPLICANT REQUESTS: That the effective date and date of rank (DOR) for his promotion to the pay grade of E-4 be corrected to show that he was promoted on 10 January 1996. After an evaluation by medical personnel it was discovered that his weight gain was the result of a medical reason and he was removed from the weight control program on 27 March 1996 and promoted to the pay grade of E-4 on 1 April 1996. That regulation also states that commanders may advance soldiers to the pay grades of...
ARMY | BCMR | CY2010 | 20100023269
The applicant states, in effect, that at the time of each erroneous reduction in grade he had made the promotion list for the next higher grade and he was subsequently told that be would be placed before a stand-by board but his unit was called to active duty. A review of the available records failed to show any evidence to indicate that the applicant appeared before a promotion selection board for promotion to the pay grade of E-6, that he attained promotion list standing, or that he would...
ARMY | BCMR | CY2001 | 2001051136C070420
The applicant was considered by the next available Reserve CW3 Promotion Board, the FY94 promotion board, but was not selected for promotion. The effective date for the applicant’s promotion to CW3 from the FY95 board His present promotion memorandum to CW4, dated 1 August 2000, should be corrected to be dated 19 May 2000, the adjournment date of the promotion board and therefore the effective date for promotion to CW4 and the date from which CW4 pay and allowances should be paid.
ARMY | BCMR | CY2004 | 2004103309C070208
On 17 November 2001, the applicant’s commanding officer submitted a DA Form 4187 requesting that she be promoted to the pay grade of E-5 under the ACASP. In the processing of this case, a staff advisory opinion was obtained from the Director, Health Service Personnel Management, United States Army Human Resources Command, who opined that the applicant completed her 91C, Licensed Practical Nurse training on 8 November 2001 and should have, at that time been promoted to the rank of sergeant...
ARMY | BCMR | CY2011 | 20110016814
The applicant requests reinstatement to the rank/grade of sergeant (SGT)/E-5 and correction of her records to show she was promoted to SGT/E-5 with a date of rank (DOR) of September 2004. The DD Form 214 she was issued for this period of service shows her rank as SGT and DOR as 1 February 2002. d. Based on the above, recommend that: * All documents in the applicant's file from 1 February 2002 to 23 November 2004 reflecting the rank of SGT be amended to reflect the rank of PFC * The Army...
ARMY | BCMR | CY2002 | 2002069394C070402
If the grade requires the soldier to be a graduate of ANCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date. The applicant was scheduled for ANCOC, was on a temporary profile, and his recovery period of his profile overlapped with the course report date. a. by showing that he was granted an authorized delay for NCOES requirements of his conditional promotion and medical...