IN THE CASE OF:	  

		BOARD DATE:  19 September 2013

		DOCKET NUMBER:  AR20130002474 


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) to show his retired rank as sergeant first class (SFC)/E-7 instead of staff sergeant (SSG)/E-6.  

2.  He states he was medically retired when he was a SSG promotable.  His rank should be SFC and he has documents to support it.

3.  He provides retirement orders, amendment orders, a congratulatory letter, and a partial listing of the Fiscal Year (FY) 2009 SFC Promotion Considered/Selection List.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 September 2001.  

2.  He provided a Letter of Congratulations, dated 31 March 2009, which indicates he was commended for his selection for promotion to SFC.  

3.  His Medical Evaluation Board Proceedings are not available.  

4.  On 21 December 2009, an informal Physical Evaluation Board (PEB) determined he was physically unfit for retention due to Post-Traumatic Stress Disorder and degenerative arthritis of the spine (referred to as lumbar spondylosis/lumbago.  The PEB recommended the applicant be placed on the temporary disability retired list (TDRL) with a combined disability rating of 60 percent with reexamination during July 2011.  His PEB findings show his rank as SSG.

5.  Orders 029-0019, dated 29 January 2010, published by Headquarters, Fort Bliss, releasing him from assignment and duty because of physical disability, effective 19 February 2010, show he was placed on the TDRL in the rank of SSG on 20 February 2010.

6.  His DD Form 214 shows his rank and pay grade as SSG/E-6 in items 4a (Grade, Rate, or Rank) and 4b (Pay Grade).  Item 12i (Effective Date of Pay Grade) shows “2006 02 01.”

7.  Orders 344-0089, dated 10 December 2010, published by Headquarters, Fort Bliss amended Orders 029-0019, dated 29 January 2010, by changing his retired grade of rank from SSG to SFC.

8.  On 20 August 2012, an informal PEB determined he was physically unfit for retention.  The PEB recommended permanent disability retirement with a 70 percent combined disability rating.  His PEB findings list his rank as SSG.

9.  Order Number D254-12, dated 10 September 2012, removed him from the TDRL on 10 September 2012, and on the date following he was permanently retired in the rank of SFC.

10.  Title 10, U.S. Code, section 1372, specifies any member of the Armed Forces who is retired for physical disability or whose name is placed on the TDRL, is entitled to the grade equivalent to the highest of the following:  (1) the grade in which he is serving on the date when his name was placed on the TDRL or on the date when retired, or (2) the highest temporary grade in which he served satisfactorily, (3) the permanent regular grade to which he would have been promoted had it not been for the physical disability for which he is retired, (4) the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired.

11.  Army Regulation 600-8-19 (Enlisted Promotion and Reductions) states promotable Soldiers separated for disability will be promoted the day before separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was medically retired on 19 February 2010 and was placed on the TDRL in the rank of SSG.  

2.  However, orders published on 10 December 2010 amended his retired rank/grade from SSG/E-6 to SFC/E-7.  Therefore, it would be appropriate to amend his DD Form 214 to show his rank and pay grade as SFC.

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 the DD Form 214 of the individual concerned be corrected by:

   a.  deleting the entries from items 4a and 4b; 
   
   b.  adding the entries "SFC" and "E-7 to items 4a and 4b; and
   
   c.  amending item 12i to read “2010 02 19.”



      _______ _  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)                                         AR20130002474



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002474



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1