IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090007040
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests back pay due to his promotion to major.
2. The applicant states, in effect, that the Army Board for Correction of Military Records (ABCMR) directed that he be considered for promotion to major by a Special Selection Board (SSB) under the 1994 criteria. He contends that he was considered by an SSB and promoted to major on 30 June 2008. He indicates that he was told by an official at the Defense Finance and Accounting Service (DFAS) he was eligible for the difference in pay and allowances but he had to apply to the ABCMR for back pay.
3. The applicant provides an undated letter from DFAS; a DFAS opinion pertaining to back pay; promotion orders, dated 1 April 1994; a memorandum, dated 25 June 2008; and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed a second lieutenant in the USAR on 21 February 1980. He was promoted to first lieutenant on 20 February 1983.
2. On 13 November 2007, the Department of the Army Standby Advisory Board selected the applicant for promotion to major under the 1994 criteria.
3. Orders show the applicant was promoted to major in the USAR effective
1 April 1994. The promotion memorandum was issued on 30 June 2008.
4. The applicant provided an undated letter from the Debt and Claims Management Directorate, DFAS which recommended that he apply to the ABCMR for back pay.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was promoted to major on 1 April 1994. He should be paid all back pay and allowances due as a result of his promotion to major.
BOARD VOTE:
____x____ ____x____ ____x____ 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 showing he was promoted to major effective 1 April 1994 and paying to him any and all back pay and allowances due as a result of this correction.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20090007040
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ABCMR Record of Proceedings (cont) AR20090007040
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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