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B-208043 1 (1983-01-18)

handle is hein.gao/gaobadkvh0001 and id is 1 raw text is: DECISION FILE: B-208043 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE:January 18, 1983 MATTER OF: Retroactive Promotions of Enlisted Members Since the service Secretaries have no statutory authority to retroactively promote enlisted members, retroactive payment of pay and allowances is not authorized on such a basis. However, under 10 U.S.C. § 1552, the service Secretaries, when acting through boards of civilians, may correct any military record of their department, when they consider it necessary to correct an error or remove an injustice, including cor- recting retroactively an enlisted mem- ber's promotion date. Such a correction is effective for retroactive payment of pay and allowances. The Acting Assistant Secretary of the Army (Installations, Logistics and Financial Management), has requested an advance decision whether the service Secre- taries may retroactively promote an enlisted member. The service Secretaries have no authority to promote enlisted members retroactively other than under the record correc- tion power conferred on them by 10 U.S.C. § 1552. The request for decision was forwarded by the Department of Defense Military Pay and Allowance Committee and assigned Submission Number SS-A-1398. The submission indicates that current regulations do not provide retroactive entitlement to increased pay and allowances for retroactive promotions of enlisted members including where unavoidable administrative errors or delays in promotions occur through no fault of the enlisted member. The enlisted member has only one method by which to collect backpay and allowances; that is, to submit an application pursuant to 10 U.S.C. § 1552 to his service's Board for Correction of Military Records. The submission states that this is a lengthy and complicated process. Thus, we are asked whether the service Secre- taries may retroactively promote an enlisted member. DIGEST:

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