SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2008
DOCKET NUMBER: AR20070012128
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. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated
12 December 2006 were affirmed. The following additional findings, conclusions, and recommendations were adopted by the Board.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 12 December 2006.
Mr. William D. Powers
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Donald W. Steenfott
Member
The Board considered the following additional evidence:
Exhibit C Record of Proceedings dated 12 December 2006.
CONSIDERATION OF ADDITIONAL EVIDENCE:
15. On 24 July 2007 new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006658, dated 12 December 2006.
16. The evidence submitted consists of copies of his Leave and Earning Statement (LES) for the period 1 January 2001 to 30 November 2002. He requests payment of the difference in pay and allowances between private (PV2)/E-2 and private first class (PFC)/E-3 from 23 April 2001 to 24 August 2001 and payment of the difference in pay and allowances between private (PVT)/E-1 and PV2/E-2 from 24 August 2001 to 25 October 2002.
17. The applicant provides copies of his LES for the period January 2001 to November 2002. His LES show the following:
DAY/Month/Year Grade Paid on his LES
1-31 January 2001 E-2
1-28 February 2001 E-2
1-31 March 2001 E-2
1-30 April 2001 E-2
1-31 May 2001 E-2
1-30 June 2001 E-2
1-30 July 2001 E-2
1-31 August 2001 E-2
1-30 September 2001 E-1 (effective date 24 August 2001)
1-31 October 2001 E-1
1-30 November 2001 E-1
1-31 December 2001 E-1
1-31 January 2002 E-1
1-28 February 2002 E-1
1-31 March 2002 E-1
1-30 April 2002 E-1
1-31 May 2002 E-1
1-30 June 2002 E-1
1-31 July 2002 E-1
1-31 August 2002 E-1
1-30 September 2002 E-1
1-30 October 2002 E-2 (effective date of 1 November 2001)
ADDITIONAL DISCUSSION AND CONCLUSIONS:
4. At the time of the decision of the ABCMR in Docket Number AR20060006658, dated 12 December 2006, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
5. The ABCMR's decision in Docket Number AR20060006658, failed to include the authorization for all back-pay and allowances when it adjusted the applicant's grade from PVT/E-1 to PV2/E-2. The applicant was issued a DD Form 215 on 9 February 2007 changing his grade to PV2/E-2.
6. Evidence of record shows that the applicant was promoted to PFC/E-3 on 23 April 2001. However, he continued to receive PV2/E-2 pay and allowances, presumable because he departed his unit on a permanent change of station (PCS) on 3 May 2001 and the losing command did not affect a grade change transaction on his records.
7. Evidence of record further shows that the applicant received a company grade Article 15 on 24 August 2001, which incorrectly shows his rank as PV2. Instead of being reduced from PFC/E-3 to PV2/E-2, he was reduced from the incorrect grade of PV2/E-2 to PVT/E-1. Therefore, he is entitled to the difference in pay and allowances between PV2/E-2 and PFC/E-3 from 23 April 2001 to 23 August 2001.
8. It appears that the applicant is entitled to back-pay and allowances as a PV2/E-2 from 24 August 2001 to 25 October 2002 since he was erroneously reduced from PV2/E-2 to PV1/E-1 instead of PFC/E-3 to PV2/E-2. However, during the month of October 2002, the applicant received pay and allowances as a PV2/E-2 with an effective date of 1 November 2001. Therefore, the only period of time the applicant was not paid properly as a PV2/E-2 was during the period 24 August 2001 through 31 October 2001. Therefore, the applicant is entitled to the difference in pay and allowances between PV2/E-2 and PVT/E-1 from 24 August 2001 through 31 October 2001, only.
BOARD VOTE:
__wdp___ __jlp___ __dws___ 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:
a. showing the applicant is entitled to back pay and allowances as a PFC/E-3 for the period 23 April 2001 to 23 August 2001; and
b. showing the applicant is entitled to back pay and allowances as a PV2/E-2 for the period 24 August 2001 to 31 October 2001.
William D. Powers
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070012128
SUFFIX
RECON
DATE BOARDED
20080110
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
128.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080007930
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion. In order to justify correction of a military record, the applicant...
ARMY | BCMR | CY2006 | 20060006658C070205
The applicant states, in effect, that his pay grade on his DD Form 214 is incorrect and it reads pay grade, E-1; however, it should state a pay grade of E-2. The rank on the Article 15 should have read PFC/E-3 and punishment should have read reduction to pay grade E-2. The evidence of records shows that the applicant was advanced to pay grade E-3 effective 23 April 2001.
ARMY | BCMR | CY2010 | 20100013459
The applicant requests the following corrections be made to his military records: a. restoration to the rank and pay grade of private (PV2)/E-2 from the period 1 September 1978 to 21 September 1979, b. refund of all pay forfeited as a result of his sentencing and reduction in grade, c. promotion consideration to the grade of private first class (PFC)/E-3, d. promotion consideration to the grade of specialist (SPC)/E-4 prior to his separation on 21 September 1979, and e. payment of all due...
ARMY | BCMR | CY2012 | 20120018276
The applicant states: a. The applicant provides: * 2001 DD Form 4/1 (Enlistment/Reenlistment Document) * DA Form 3286-63 (Statement for Enlistment U.S. Army Training Enlistment Program) * DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)) * Orders 635-04 and 087-12 * DA Form 31 (Request and Authority for Leave) * Individual Redeployment Authorization * Redeployment memorandum * Post-Deployment Health Assessment memorandum * Redeployment-Deployment and Reconstitution Checklist * Center...
ARMY | BCMR | CY2013 | 20130013581
The evidence of record shows the applicant was promoted to SP4/E-4 on 16 November 1978. There is no evidence in her records and she provides none to show she was promoted back to SP4/E-4 between the date she was reduced (23 April 1980) and the date she was discharged (28 April 1980). _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090008826
The applicant requests, in effect, correction to her records to show she was promoted to the rank of specialist (SPC), pay grade E-4, and is entitled to back pay and allowances as a result of her promotion to pay grade E-4. The applicant submitted a copy of a DA Form 4187, dated 2 March 2007, showing her advancement/promotion to pay grade E-4 under the provisions of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 2-3, with an effective date and date of rank of 20...
ARMY | BCMR | CY2014 | 20140003939
The applicant requests correction of his Army Military Human Resource Record (AMHRR) by: a. revoking the DA Form 4187 (Personnel Action), dated 24 February 2012, which erroneously advanced him from the rank/grade of private (PV1)/E-1 to the rank/grade of private (PV2)/E-2 and removing it from his AMHRR; b. amending the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code for Military Justice (UCMJ)), dated 4 April 2012, to show he held the rank/grade of private first class...
ARMY | BCMR | CY2009 | 20090015475
The applicant states that he was never paid at the correct enlisted pay grade although his enlistment contract clearly shows he enlisted as a PFC. The applicant provides in support of his application a copy of his DD Form 4 (Enlistment/Reenlistment Document) and allied documents, dated 17 November 2006; a copy of his SGLV Form 8286 Servicemembers Group Life Insurance Certificate), dated 30 March 2007; a copy of Orders 229-1026, issued by the Joint Forces Headquarters, NYARNG, on 26 October...
ARMY | BCMR | CY2003 | 2003085493C070212
No other records of his Reserve service are included in the record. Army Regulation 600-200 states that advancement to pay grade E-3 is not mandatory. That all of the Department of the Army records related to this case be corrected by showing he was promoted to PFC (E-3) effective 1 September 2000.
ARMY | BCMR | CY2007 | 20070005755
He was promoted to private first class (PFC)/E-3 on 1 September 2001; he was promoted to specialist (SPC)/E-4 on 1 September 2002; and he was reduced to PVT/E-1 on 19 December 2002. c. He was awarded the National Defense Service Medal and the Army Service Ribbon. The applicant contends that he is entitled to correction of his records to show his rank as SPC/E-4 and that his service awards be listed on his DD Form 214. As a result, the Board recommends that all Department of the Army...