RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060012446


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Rodney E. Barber              |     |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, in effect, back pay for his promotion to
Sergeant First Class/E-7 for the months of March, April, and May 2006.

2.  The applicant states, in effect, he got promoted to Sergeant First
Class/E-7, on 1 June 2006, with an effective date of 1 March 2006.  He adds
that he did not get paid as such for the months of March, April and May
2006.

3.  In support of his application, the applicant submits a copy of his
Leave and Earnings Statement (LES) for the months of March, April, May and
June 2006; and a copy of his promotion orders to the rank/pay grade,
Sergeant First Class/E-7.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he is currently serving on active
duty, in the rank/pay grade, Warrant Officer One/W-1.

2.  The applicant enlisted in the US Army Reserve for 8 years on 21
December 1995.  On 19 March 1996, the applicant enlisted in the Regular
Army for a period of 3 years.  He continued to serve in an enlisted status
until 27 June 2006 when he was honorably discharged for the purpose of
accepting an appointment as a Reserve Warrant Officer in the Army of the
United States.

3.  The evidence shows the applicant was promoted to the rank and pay grade
Sergeant First Class/E-7, by US Army Human Resources Command Order Number
135-22, dated 15 May 2006.  The effective date of promotion shown in these
orders is 1 June 2006, with a date of rank of 1 March 2006.

4.  The LES the applicant submitted for the months of March, April, and
May 2006 show he was paid for pay grade E-6, with a pay date of 19 March
1996, and with 10 years service.  The LES he submitted for the month of
June 2006 shows he was paid for pay grade E-7, with a pay date of 19 March
1996, with 10 years service.

5.  In the processing of this case, an advisory opinion was requested of
the Defense Finance and Accounting Service (DFAS) - Indianapolis Center.
On 22 February 2007, the DFAS responded to the request and stated, in
pertinent
part, "Based on the documentation, the promotion order states the effective
date for the promotion is June 1, 2006.  DFAS must use the date as the
effective date for increase in pay unless the ABCMR approves the date of
rank as the official effective date.  If the approval is granted, then the
difference in pay can be applied to the Soldier's pay account."

6.  An advisory opinion was also requested of the US Army Human Resources
Command, Promotions Branch, Alexandria, Virginia.  The Chief, Promotions
Branch, submitted input that states, in pertinent part, "After reviewing
the packet belonging to [the applicant] it was found that there was no back
pay due for the months of March, April, and May, for the rank of SFC
[Sergeant First Class].  [The applicant's] promotion to SFC was affected by
MILPER MSG [Military Personnel Message] 06-094.  During the period in
question, there were two lists running simultaneously and in order for
Soldiers on the new list not to out-rank Soldiers on the old list, DORs
[dates of rank] were adjusted to affect future eligibility for promotion to
the next rank.  Therefore, the Soldiers on the old list had their DOR
backdated, but the effective date of the promotion remained the same."

7.  The advisory opinions were provided to the applicant for his
information and for possible submission of a rebuttal action.  The
applicant did not provide a response.

8.  MILPER MSG 06-094 provides for, and is quoted, in pertinent part,
"Previously, centralized promotion lists were totally exhausted in
conjunction with the release of a new promotion list, regardless of MOS
[military occupational specialty] shortages.  This practice resulted in
the over-promoting of some MOS and under-promoting in others.  . . .
previous lists can remain active for up to three months subsequent to the
release of a new promotion list.  Extending the ability to delay
promotions in over-strength MOS from current list following the release of
a new list, facilitates the ability to promote in MOS where shortages
actually occur.  . . . For Soldiers promoted off an older list, following
promotions off a newer list, the Soldier's effective date will be the day
the actual promotion occurs.  The Soldier's date of rank (DOR) will be
backdated to match the DOR of those Soldiers promoted on the originally
forecasted termination date of the list.  . . . (3)  FY05 SFC Selection
Board (MILPER Message 04-216):  List termination date is 1 March 2006;
therefore, any Soldier selected for promotion by this board will have a
date
of rank NLT [no later than] 1 March 2006, unless Soldier was ineligible
for promotion, then current procedures apply."

9.  DoD Financial Management Regulation, Volume 7A, Chapter 1, Table 1-4,
Increases in Pay on Promotion or Restoration of Grade, Rule 12, provides
that, "When member is a(n) enlisted member, and action is appointment or
promotion to a higher grade in the Army or Air Force, the effective date
of increase in pay and allowances is 1.  date cited in orders, or date of
orders, whichever is later (note 5); or 2.  date of oral appointment or
promotion, if later confirmed in writing (note 4)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank and pay grade, Sergeant First
Class, E-7, from Staff Sergeant, E-6, by orders published by the US Army
Human Resources Command on 15 May 2006.  The effective date of promotion
shown in these orders is 1 June 2006.  The applicant's date of rank is 1
March 2006.  Pay in the higher pay grade accrues to promoted Soldiers based
on the effective date of their promotion and not their date of rank.

2.  The applicant is entitled to pay at the rank and pay grade of Sergeant
First Class, E-7, effective 1 June 2006, and not 1 March 2006, as he
asserts.

3.  In view of the evidence in this case, the applicant is not entitled to
back pay in the rank and pay grade, Sergeant First Class, E-7, for the
months of March, April, and May 2006.  He has not shown error, injustice,
or inequity for the relief he now seeks.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ena __  _AU______  ___RB _  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.




                                  _____Eric N. Andersen_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060012446                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070517                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.0000                                |
|2.                      |128.1500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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