RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060000483


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 her date of rank (DOR) be corrected to 1
August 2003 and she be afforded all back pay and allowances due based on
that effective date of rank.

2.  The applicant states, in effect, she was granted the earlier promotion
and date of rank to sergeant, pay grade E-5, but the correction to her
records was not completed.

3.  The applicant provides a copy of an 8 June 2004 Department of Army (DA)
United States (U.S.) Army Human Resources Command (HRC), Alexandra,
Virginia memorandum.

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant entered active duty on 6 September 2000.


2.  Neither the DA Form 2-1 (Personnel Qualification Record) nor the
Enlisted Record Brief list her promotion to pay grade E-5 or her date of
rank.

3.  A DA Form 1059 (Service School Academic Evaluation Report), dated
25 September 2003, reflects completion of the Primary Leadership
Development Course (PLDC) and shows her pay grade as E-4.

4.  A DD Form 2648 (Preseparation Counseling and Checklist), dated
23 January 2004, lists her pay grade as E-4.

5.  The 8 June 2004 DA HRC memorandum states that the unit's request for
retroactive promotion with an effective date of 1 August 2003 was approved
in part (emphasis added).  The applicant was granted retroactive promotion
point adjustment effective June 2003.  However, she was granted a
retroactive DOR and effective date of 25 September 2003 based on the date
she completed PLDC.

6.  The applicant was honorably separated from active duty and transferred
to the United States Army Reserve (USAR) Control Group (Reinforcement) on
5 September 2004.  The DD Form 214 lists her rank as sergeant and her pay
grade as E-5 with an effective date of pay grade as 1 July 2007.

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) sets
forth the policies and procedures for the enlisted promotions and
reductions.  It specifies at:

      a.  paragraph 1-13a, the DOR for promotion to a higher grade is the
date specified in the promotion instrument or when no date is specified, is
the date of the instrument of promotion.

      b.  paragraph 1-13f, "For Soldiers promoted to PV2 through SGM
entitled to a promotion effective date that exceeds 6 months prior to the
date of the promotion instrument, the following will be entered in the
special instructions:  Because the effective date of the promotion exceeds
this instrument by more than 6 months, the DJMS [Defense Joint Military Pay
System] will automatically pay up to 12 months of backpay entitlements.
Your next leave and earnings statement will reflect such payment.  If you
are due backpay in excess of 12 months, upon receipt of your leave and
earnings statement that reflects backpay, provide your servicing Finance
and Accounting Office (FAO) with a copy of the instrument.  Your servicing
FAO will initiate procedures under the provisions of the DODFMR [Department
of Defense Financial Management Regulation] 7000.14-R, volume 7A, table 2-
2, rule number 5, which will result in you receiving any additional back
pay to which you are entitled."

      c.  paragraph 3-10 states the eligibility criteria for recommendation
and promotion to sergeant includes completion of the active component
resident PLDC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit appears to have requested the applicant be granted
retroactive promotion point adjustment with an earlier DOR and effective
date of 1 August 2003.

2.  Army Human Resources Command (HRC), Alexandra, Virginia granted the
applicant a retroactive promotion point adjustment that was effective June
2003.  This made her eligible for consideration but she was not fully
eligible for promotion until she completed PLDC.  HRC correctly granted her
retroactive entitlement to promotion effective 25 September 2003.

3.  The 5 September 2004 DD Form 214 is in error as it lists her date of
promotion as 1 July 2007 (emphasis added), a date yet to occur.

4.  Other than the 8 June 2004 DA HRC memorandum, the applicant's available
records do not contain copies of the actual promotion orders or, any other
documentation as to the correct or adjusted date of rank and her effective
date of promotion.

5.  The applicant has provided no additional documentation to substantiate
entitlement to an effective date of rank or date of promotion of 1 August
2003.

6.  Therefore, the applicant's records should be corrected to reflect an
effective date and date of rank of 25 September 2003.

7.  As a result of the correction of the applicant’s date of rank and
effective date of promotion to pay grade E-5, the applicant’s pay records
should be audited and she should be afforded any and all pay and allowances
due based on the retroactive date of rank of 25 September 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JLP___  __RMN__  __CD___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that, as an exception to policy, the
applicant was promoted to sergeant, pay grade E-5, with a date of rank and
an effective date of 25 September 2003 and is entitled to any and all pay
and allowances due retroactive to that date.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a 1 August 2003 date of rank.



                                  ___Carmen Duncan______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000483                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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