RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 JUNE 2005
DOCKET NUMBER: AR20040006788
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Hubert Fry | |Member |
| |Ms. Linda Simmons | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his master military pay account be
corrected in order for him to receive pay as a captain from 20 April 2001
to 31 August 2003.
2. The applicant states on 26 July 2004 he received orders promoting him
to captain effective on 20 March 2001. Army Regulation 37-104-4 states in
pertinent part that the military personnel office will make the necessary
adjustments for a period outside the immediate access storage (IAC)-current
plus 11 prior processing months. He was informed that he needed to apply
to this Board in order to receive back pay from 20 April 2001 to 31 August
2003.
3. The applicant provides a copy of the memorandum promoting him to
captain and a copy of his leave and earning statement for 11 August 2004.
CONSIDERATION OF EVIDENCE:
1. On 26 July 2004 the Human Resources Command at St. Louis informed the
applicant that he had been promoted to captain in the Army Reserve
effective and with a date of rank of 20 March 2001, and that his pay and
allowances would also be effective on that date.
2. The applicant’s LES shows that he was promoted to captain on 20 March
2001.
3. In the processing of this case an advisory opinion was obtained from
the Defense Finance and Accounting Service (DFAS) in Indianapolis. That
office opined that the applicant should be paid the difference between the
pay of a captain and that of a first lieutenant retroactive to his
promotion effective date.
The applicant concurred with the advisory opinion.
4. On 7 June 2004 the DFAS official who provided the above-mentioned
advisory opinion stated that the applicant was being paid in the grade of
captain beginning on 4 March 2004. She reiterated that he should be paid
as a captain effective on 20 March 2001.
DISCUSSION AND CONCLUSIONS:
The applicant is entitled to pay and allowances in the grade of captain
effective on his promotion to that grade on 20 March 2001. Consequently,
he should receive retroactive pay and allowances in the grade of captain
effective on that date.
BOARD VOTE:
__JS____ ___HF __ ___LS __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he was promoted to captain effective on 20 March 2001 and that
he receive retroactive pay and allowances in that grade effective on that
date.
_______John Slone_________
CHAIRPERSON
INDEX
|CASE ID |AR20040006788 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050614 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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