2. The applicant requests that the effective date of his promotion be changed from 28 February 1991 to 30 May 1990, the same day as his date of rank (DOR). He states that the 81st Army Reserve Command (ARCOM) amended the order promoting him to pay grade E-7 to change his DOR to
30 May 1990, but did not change the effective date of his promotion.
3. The applicant was promoted in the Army Reserve to pay grade E-7 by the 81st ARCOM on 1 March 1991, with an effective date and date of rank of 28 February 1991. On
29 October 1991 that command amended the promotion order to change his date of rank to 30 May 1990.
4. Army Regulation 140-158 provides policies and procedures for the promotion of Army Reserve soldiers. Paragraph 1-8 of that regulation states, in effect, that the DOR and effective date normally will be the same. The DOR may be earlier than the effective date when the commander determines that a soldier should have been advanced earlier, but was not advanced due to an administrative error.
5. Paragraph 1-10 of the aforementioned regulation states, in effect, that the DOR on promotion normally will be the effective date of the order or the future effective date of the promotion. The DOR may precede the effective date of promotion to correct an administrative error. Pay and benefits will not be authorized for the period between the DOR and the effective date unless approved by the ABCMR.
CONCLUSIONS:
1. The applicant was promoted to pay grade E-7 with a DOR of 30 May 1990. The effective date of his promotion should also be 30 May 1990.
2. In view of the foregoing findings and conclusions, 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 pay grade E-7 with a date of rank and effective date of 30 May 1990.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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