| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Lawrence Foster | Member |
2. The applicant requests correction of his records to show that he was entitled to back pay and allowances in the pay grade of sergeant (SGT/E-5) from
1 through 25 September 1990. This is, in effect, a request to also change his effective date of promotion of sergeant to 1 September 1990.
3. The applicant states, in effect, that he is entitled to back pay and allowances in the pay grade of E-5 from 1 through 25 September 1990. In support of his application, he submits a copy of his promotion orders.
4. The applicant’s military records show that he enlisted in the USAR on 4 May 1987, for a period of 8 years. He entered active duty in the Regular Army on 9 September 1987, as a chemical operations specialist.
5. The applicant provided a copy of his promotion orders, dated 26 September 1990, which shows that he was promoted to SGT/E-5 with a date of rank (DOR) of 1 September 1990 and an effective date of 26 September 1990.
6. He continued to serve until he was released from active duty on 27 January 1992.
7. On 28 January 1992, he enlisted in the Ohio Army National Guard (OHARNG) for a period of 3 years. He was promoted to staff sergeant (SSG/E-6) with an effective date and DOR of 1 February 1993. He continued to serve until he was honorably discharged from the OHARNG on 1 August 1994. He was transferred to the USAR Control Group (Reinforcement) where he continues to serve.
8. In the processing of the case an advisory opinion was provided by the Total
Army Personnel Command (PERSCOM), Chief, Promotions Branch. PERSCOM stated that the applicant was requesting back pay and allowances from 1 through 25 September 1990 for his promotion to SGT. A review of the applicant's
case revealed that he was promoted with a DOR of 1 September 1990 and an effective date of 26 September 1990, the date of the promotion order. In accordance with Army Regulation 600-200, dated 22 January 1988, paragraph
7-34c, soldiers who, for any reason, are not promoted to grade E-5 or E-6 on the first calendar day of the month will be entitled to increased pay and allowances from the date of the promotion order. However, the DOR will be established under paragraph 7-34a. In conclusion, the advisory opinion recommended that the applicant be granted retroactive pay and allowances from 1 through 25 September 1990.
9. The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.
10. Army Regulation 600-200, in effect at that time, set forth the basic authority for the Enlisted Personnel Management System. Chapter 7 covers Promotions and Reductions. Paragraph 7-34, applies to establishing DOR. Subparagraph 7-34a stated that the DOR would be the same as the effective date of promotion. If the promotion was delayed due to administrative error, the DOR would be the effective date that the promotion should have occurred. Subparagraph 7-34c
stated that soldiers who, for any reason, are not promoted to grade E-5 or E-6 on
the first calendar day of the month would only be entitled to increased pay and allowances from the date of the promotion order.
CONCLUSIONS:
1. The evidence of record shows that he was promoted to SGT/E5 with a DOR of 1 September 1990 and effective date of 26 September 1990, the date of his promotion orders.
2. In accordance with regulation, soldiers who, for any reason, are not promoted to E-5 or E-6 on the first calendar day of the month will only be entitled to increased pay and allowances from the date of the promotion order.
3. It appears that the applicant's promotion was delayed due to an administrative error beyond his control that caused his effective date not to be the same as his DOR. Therefore, based on the advisory opinion provided by PERSCOM, this Board recommends that the applicant be granted retroactive pay and allowances from 1 through 25 September 1990 in the pay grade of E-5.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was promoted to pay
grade E-5 effective 1 September 1990 with a DOR of 1 September 1990 with entitlement to back pay and allowances from 1 through 25 September 1990 in the pay grade of E-5.
BOARD VOTE:
_LF_____ _JNS___ _REB___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
John N. Slone
______________________
CHAIRPERSON
| CASE ID | AR2002074853 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030225 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19920127 |
| DISCHARGE AUTHORITY | AR 635-200, chap 16 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 283 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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