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ARMY | BCMR | CY2007 | 20070012128
Original file (20070012128.TXT) Auto-classification: Approved
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 applicant’s 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.

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