IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140013763
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 that his date of rank (DOR) and effective date of promotion to the pay grade of E-6 be back-dated to 1 July 2011.
2. The applicant states, in effect, that he would have been promoted to the pay grade of E-6 on 1 July 2011; however, because of an administrative error that was through no fault of his own, he was not promoted to the pay grade of E-6 until 1 April 2014.
3. The applicant provides copies of his promotion orders, a letter from the U.S. Army Reserve Command (USARC) to his congressional representative, his request to back-date his promotion, and a copy of the promotion list.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the USAR in the pay grade of E-5 in military occupational specialty (MOS) 37F2O when he was approved for integration on the E-5/E-6 Promotion Standing List on 21 June 2011. However, through an administrative error, he was integrated on the list with MOS 63B.
2. On 1 April 2014, he was promoted to the pay grade of E-6 in MOS 37F3O with an effective date and DOR of 1 April 2014.
3. On 4 June 2014, in response to a congressional inquiry, the USARC informed the congressional representative that the applicant was recommended for promotion to E-6 in MOS 37F in June 2011; however, an administrative error resulted in the applicant being placed on the promotion list in MOS 63B and since he did not hold that MOS, he was not promoted. He was re-boarded and promoted to the pay grade of E-6 on 1 April 2014. Officials at USARC opined that he should have been promoted on 1 July 2011; however, USARC did not have the authority to back-date his orders. Officials advised that he should apply to this Board.
4. The DA Form 4187 (Personnel Action) provided with the applicants application is signed by his battalion commander and confirms that the applicant should have been promoted on 1 July 2011 instead of 1 April 2014.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been promoted to the pay grade of E-6 on 1 July 2011 has been noted and appears to have merit.
2. The DA Form 4187 signed by the applicants battalion commander and the letter from USARC confirms that the applicant would have been promoted on 1 July 2011 had the administrative error not occurred.
3. Accordingly, in the interest of equity, the applicants orders should be corrected to show that he was promoted to the pay grade of E-6 effective 1 July 2011, with a DOR of 1 July 2011 and entitlement to all back pay and allowances that flow from this action.
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 that the applicant was promoted to the pay grade of E-6, effective 1 July 2011, with a DOR of 1 July 2011 and entitlement to all back pay and allowances as a result of this corection.
_______ _ _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) AR20140013763
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