RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 OCTOBER 2005
DOCKET NUMBER: AR20050005989
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. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Mr. John Meixell | |Chairperson |
| |Mr. James Gunlicks | |Member |
| |Ms. Jeanette McCants | |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 promotion be effected and that he
receive back pay.
2. The applicant states that he was promoted to private first class (PFC),
E-3 and was only paid as a private E-2. He also states that finance did
not clear this up when he came into the Army.
3. The applicant provides a DA 4187 Promotion Worksheet, dated
16 September 2002; a one page "Qualification Data" sheet; a DD Form 4/3
(Enlistment Record); and an Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in a Reserve component under the Delayed Entry
Program (DEP). He requested that he be discharged from the DEP and
enlisted in the Regular Army.
2. The documents submitted by the applicant to include the DD Form 4/3,
Qualification Data sheet, and Enlisted Record's Brief show he was enlisted
in the regular Army in the rank of private, pay grade E-2 on 25 July 2002.
3. The DA 4187 Promotion Worksheet shows the applicant's name, his date of
rank (DOR) as 25 July 2002 and provides "Authority for promotion, AR 601-
210, dated 28 Feb 95, paragraph 2-20(b), (In conjunction with operational
changes to AR 601-210, effective 10 Jan 02), SM is authorized pay grade E-
3."
4. On 8 August 2005, an advisory opinion was obtained from the Chief,
Policy Liaison and Procedures Branch of the Defense Finance and Accounting
Service (DFAS), Indianapolis, Indiana, who opined that the documentation
provided did not support a correction of promotion date and back pay.
5. Paragraph 2-20(b) of Army Regulation 601-210 (Regular Army and Army
Reserve Enlistment Program), dated 28 February 1995, provides that if the
applicant is a high school graduate or high school senior and has taken
part in and completed 1 or more years of Junior Reserve Officer Training
Corps (JROTC) or a National Defense Cadet Corps (NDCC) Program he may be
enlisted in the grade of private first class, E-3.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
2. Paragraph 2-20(b) or AR 601-210 cites authority for the applicant to be
enlisted in the grade of E-2. There is no evidence to show that he met the
criteria of this authorization, so it must be assumed that since he was
enlisted in this grade he was qualified for the grade of E-2.
3. The DA 4187 Promotion Worksheet shows that the applicant may have been
eligible for promotion to E-3 based on the operational changes in effect,
however, the applicant has not provided sufficient evidence to show this.
In the absence of orders or other substantial documentary evidence to
verify the promotion there is no basis to grant relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JM __ ___JG___ ___JM __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
______John Meixell________________
CHAIRPERSON
INDEX
|CASE ID |AR20050005989 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051020 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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