IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100027924 


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, in effect, he be placed on the retired list as a sergeant/E-5.
 
2.  The applicant states:

* he applied to the Disability Grade Determination Board to change his grade back to E-5 from E-4
* he knows he made a mistake when he was in grade E-5
* he received an Article 15 for taking a projector from his unit 

3.  The applicant provides a Disability Grade Determination memorandum, dated 22 September 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 21 May 1980.  He enlisted in the Regular Army on 4 June 1999 and remained on active duty through continuous reenlistments.  He was promoted to sergeant/E-5 effective 1 April 2004.  

2.  Records show on 21 January 2010 nonjudicial punishment was imposed against him (he contends it was for taking a projector from his unit) and he was reduced in rank to specialist/E-4.


3.  On 23 October 2010, he retired by reason of permanent disability.  He was placed on the retired list in the rank of specialist/E-4 on 24 October 2010.   

4.  On 22 September 2010, the Army Grade Determination Review Board denied his request for advancement on the retired list.  The board determined the highest grade in which he served satisfactorily for the purpose of computation of disability retirement or separation pay was his current grade of E-4. 

5.  Title 10, U. S. Code, section 1372(2) states that any member of an armed force who is retired for physical disability or whose name is placed on the Temporary Disability Retired List is entitled to the grade equivalent to the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be placed on the retired list as a sergeant/E-5.
  
2.  Evidence of record shows he was promoted to sergeant/E-5 in April 2004 and he was reduced in rank to specialist/E-4 due to misconduct in 2010.  Therefore, his service in the rank of sergeant was not satisfactory and there is no basis for granting his request.

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)                                         AR20100027924





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ABCMR Record of Proceedings (cont)                                         AR20100027924



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