IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100015624 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and retirement orders to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6 at the time of his disability retirement.

2.  The applicant states he was in a promotable status at the time of his retirement and he should have been promoted.

3.  The applicant provides copies of his DD Form 214; DA Form 3355 (Promotion Point Worksheet), dated 7 September 2007; and Military Personnel (MILPER) Message Number 09-067, issued on 25 March 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows:

	a.  he enlisted in the Regular Army on 20 October 2000;

	b.  he was promoted to sergeant (SGT)/E-5, effective 1 February 2005; and

	c.  he was retired on 3 April 2009 due to temporary physical disability.



2.  The DA Form 3355 provided by the applicant indicates:

	a.  his company commander recommended him for promotion to SSG/E-6 on 7 September 2007;

	b.  the applicant attained 647 points out of a possible 800 points; 

	c.  he was recommended for promotion by the board, and

	d.  the promotion authority approved the recommendation on 10 September 2007.

3.  The MILPER Message provided by the applicant states that Soldiers who are on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  It further states that such promotion is to be effective the day before placement on the retired list.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been retired as a staff sergeant, pay grade E-6 because he held promotion status at the time of his disability retirement.

2.  The available evidence clearly shows that the applicant was recommended for promotion to SSG/E-6 in September 2007.  However, it does not show he was integrated onto a valid promotion standing list.  Furthermore, there is no evidence showing he was still in a promotable status at the time of his disability retirement in 2009.  

3.  Should the applicant have, or be able to obtain, copies of a promotion standing list or other substantiating evidence showing he was fully qualified for promotion at the time of his disability retirement, he may submit such documentation for consideration.

4.  In view of the foregoing, there is insufficient evidence with which to grant the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ 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)                                         AR20100015624



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ABCMR Record of Proceedings (cont)                                         AR20100015624



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