Can you back date promotion to SPC?

2019-08-16T03:58:48-04:00

I have a Soldier who got his Bachelors degree a couple weeks before he went to Basic, the recruiter never put it in his packet and he's still a PFC more than a year after joining. Is it possible to backdate his promotion to SPC his BASD? Then we could a pay inquiry to get him paid back what he should've been getting paid this whole time.

Response by CSM Darieus ZaGara made Aug 16 at 2019 6:13 AM

2019-08-16T06:13:43-04:00

Unless there is something in his contract that references the pay grade it is a loss. It cannot hurt to check with the retention NCO, BUT! Thank you for your service.

Response by SGT Javier Silva made Aug 16 at 2019 6:17 AM

2019-08-16T06:17:45-04:00

If it wasn't in his/her DD-4 at the time of singing the contract, it is too late now. Retention can't do anything about it, and pay inquiries will not help. The Soldier will have to wait until the normal promotion progress to promote to E-4 (SPC), unless the command submits a waiver. However, the waiver will only shorten the time by a bit. This is why EVERYONE needs to check DD-4 before signing anything. Verbal promises are not promises at all.

Response by SFC Private RallyPoint Member made Aug 16 at 2019 7:49 AM

2019-08-16T07:49:53-04:00

Your soldier had 6 months from the time they shipped to get rank adjusted per AR 601-210

Response by MSG Gary Eckert made Aug 16 at 2019 8:31 AM

2019-08-16T08:31:11-04:00

Did he submit transcripts documenting his degree to update his personnel records within 6 months. If so, he should be awarded E4 effective the date he enlisted. AR 601-210 only requires he submit the documents within 6 months, not that the grade determination be completed in 6 months. If he did not, there is always the personnel hail mary pass. He can submit a request to the Army Board of Military Corrections asking that his enlistment he changed to reflect his education level and therefore his grade be adjusted. He will need to justify why he didn't meet the 6 month suspense as part of the request. The board could change his contract regardless of 601-210.

Response by SSG Private RallyPoint Member made Aug 16 at 2019 9:35 AM

2019-08-16T09:35:03-04:00

Thanks for all the advice, unfortunately I found the answer and it wasn't the one I hoped it would be. AR 601-210 Section 2-18 paragraph 14(c), "Effective date and DOR for Soldiers who lacked documentation at time of enlistment will be the effective dateof the promotion by the unit commander. No retroactive adjustment is authorized and each applicant will be advised
that failure to produce documents before enlistment or after time frames above will cause them to forfeit entitlement to
this incentive. The promotion will be for the grade the Soldier is qualified for at the time of enlistment"

Response by SGM Bill Frazer made Aug 16 at 2019 8:11 PM

2019-08-16T20:11:24-04:00

NO, if it wasn't in his contract then it doesn't matter if they have a doctorate- also they highest I have ever seen any SM comin in off the street id E3. If they are so good, then why haven't you or the CoC explored waivers for TIS/TIG?

Response by LtCol Robert Quinter made Aug 17 at 2019 9:01 AM

2019-08-17T09:01:53-04:00

One of the things I used to say on a regular basis was that for every order or regulation, there is another that contradicts it. Submit for a waiver or corrective action, reference AR 601-210 and provide justification for a waiver or special consideration. the worst that can happen is it is refused, but your soldier will appreciate the effort and be able to use your efforts as an argument against the old saw that the Army doesn't care about individual circumstances. In his/her eyes, you are the Army.

Response by SPC Nancy Greene made Oct 29 at 2019 12:44 PM

2019-10-29T12:44:55-04:00

Yes!!! Date of rank can be backdated!!! Backpay must be requested but an additional form!!! I know this for fact as I was the NCOIC of Enlisted Promotions for my entire Military career. While stationed in Germany there was a SHT who thought he should have promoted to SSG five years prior to my arrival in Germany. No one would review his Promotion Point worksheet. I did and he should have been promoted to SSG in 1981! I arrived in Germany in 1986. I reviewed his packet, made the proper corrections, found the initial cut off score which should have promoted him to SSG in 1981. I sent the packet to DA Headquarters and three weeks later I was authorized to publish his promotion orders. I was able to backdate the date of his correct, however the orders were in effect the date published. I assisted him in obtaining his backpay. Then I informed him he had enough time in service and time in rank ( due to the correction) to be eligible for the E7 promotion list. I worked the E7 selection board at Ft Benjamin Harrison while awaiting my first Duty Station. So I set up his E7 packet and he WAS selected!!! Please feel free to contact me via RP, email: [login to see] or phone: [login to see] . Would more than willing to assist you! I wrote an SOP for enlisted promotions and I still have it! Hope this information has helped answer your question and don’t hesitate to contact me!
Nancy

Response by 1st Lt Padre Dave Poedel made Oct 29 at 2019 1:27 PM

2019-10-29T13:27:58-04:00

Not needing to get stuck in the Army weeds here, but I wonder what percentage of our enlisted folks today hold a bachelor degree or higher degree? Back in the 70’s, it was understood that if you got a BS you should be looking for a commission. Not so these days. How does that translate to cohesion of the unit to have an educated enlisted corps?