Search Decisions

Decision Text

ARMY | BCMR | CY1995 | 9508617C070209
Original file (9508617C070209.TXT) Auto-classification: Approved
2.  The applicant requests that his rank on his certificate of retirement indicate SP4 (Specialist Four) instead of PFC (Private First Class).

3.  The applicant entered the Army in October 1978, completed training and was assigned to an infantry unit in Germany.  In June 1979 the applicant was injured in line of duty and in August was medically evacuated to Walter Reed Army Medical Center.

4.  The applicant was promoted to the rank and grade of SP4 E-4 on 1 May 1980.  The applicant was placed on the temporary disability retired list (TDRL) in the grade of SP4 on 27 August 1980.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his rank and pay grade as SP4 E-4.  A 12 August 1980 DA Form 3713 (Data for Retired Pay) shows his retired grade as SP4.

5.  A 1 July 1981 order attaching the applicant to the Walter Reed Army Medical Center for a periodic physical examination shows his rank as SP4.

6.  The applicant was removed from the TDRL on 
28 February 1982 and permanently retired with a 40 percent disability on 1 March 1982.  His rank shown on the instrument (order) effecting this action is PFC.  A 
26 February 1982 DA Form 3713 shows his retired grade 
as PFC.

7.  In the processing of this case information was obtained from an official of the Total Army Personnel Command Physical Disability Branch.  That official stated that the applicant was permanently retired in the pay grade of E-4 and was receiving retired pay in that pay grade.

CONCLUSIONS:

1.  The applicant was permanently retired in the pay grade of E-4 with a 40 percent disability on 1 March 1982.

2.  The order removing the applicant from the TDRL and permanently retiring him should be amended to show his rank as SP4.

3.  The applicant should be issued a certificate of retirement showing his rank and pay grade as SP4 E-4. 

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicantÂ’s record as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

     a.  by showing that the individual concerned was removed from the from the TDRL and permanently retired in the rank of SP4 on 1 March 1982, and

     b. by issuing the individual concerned a certificate of retirement showing his rank and pay grade as SP4 E-4.                  
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001056543C070420

    Original file (2001056543C070420.rtf) Auto-classification: Approved

    His records also contain Department of the Army, U.S. Military Personnel Center (MILPERCEN) Orders Number D174-15, dated 24 September 1984, which placed him on the TDRL as a PFC/pay grade E-3 with an effective date of retirement as 22 October 1984 and with 80% disability. Law provides, in effect, that a service member may not be denied a promotion to which he or she would have otherwise been entitled were it not for the physical disability for which he or she was retired. Consistent with...

  • ARMY | BCMR | CY2002 | 2002076495C070215

    Original file (2002076495C070215.rtf) Auto-classification: Approved

    This law applies both at the time a member is placed on the TDRL or the Retired List based on a permanent disability. The evidence of record confirms that the applicant was advanced to the rank and pay grade of SPC/E-4 on 1 October 1985, and that he held that rank and pay grade on the date of his REFRAD on 30 April 1986. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was placed on the TDRL in the rank and pay grade...

  • ARMY | BCMR | CY2012 | 20120007021

    Original file (20120007021.txt) Auto-classification: Approved

    The applicant requests correction of his: * records to show he was retired in the rank/grade of specialist four (SP4)/E-4 vice private first class (PFC)/E-3 * retirement certificate to show his rank as SP4 2. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was promoted to the rank of SP4 on 1 September 1984. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * correcting his records to show he was...

  • ARMY | BCMR | CY2009 | 20090009128

    Original file (20090009128 .txt) Auto-classification: Approved

    The applicant requests that his records be corrected to show he was placed on the Retired List in the rank of specialist four/SP4 on 12 April 1974. Based on the evidence of record, the applicant was evaluated by an MEBD and then a PEB which placed him on the TDRL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was permanently retired with 70-percent disability in the grade of SP4/E-4 on 20 March 1974.

  • ARMY | BCMR | CY2012 | 20120019408

    Original file (20120019408.txt) Auto-classification: Denied

    The applicant's record is void of any evidence showing he was ever promoted to the rank/grade of SP4/E-4 at any time during his service. _______ _ _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) AR20120019408 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2012 | 20120007437

    Original file (20120007437.txt) Auto-classification: Denied

    The applicant requests his records be corrected to show he retired in pay specialist five, pay grade E-5. The applicant's record contains records of NJP as follows: a. The applicant has not provided and the record does not contain any evidence that he was manifesting symptoms of his mental condition at the time of either his first or second NJP.

  • ARMY | BCMR | CY2002 | 2002075977C070403

    Original file (2002075977C070403.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, the applicant requests that her records be corrected to show retirement because of physical disability with a 95 percent disability rating in the grade of lieutenant colonel. The applicant’s records, to include those that she herself completed and signed, dating from June 1981 to the date that she was permanently retired, show that she used her married surname even after her 1982 divorce. The evidence also suggests that she did not concur in a PEB finding to...

  • ARMY | BCMR | CY2011 | 20110024278

    Original file (20110024278.txt) Auto-classification: Denied

    The applicant requests: * correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 23 June 1976 to show the narrative reason for separation as permanent medical retirement under Title 10, U.S. Code (USC), chapter 61 * correction of the DD Form 2860, dated 23 July 2008 to show "left knee rating, current VA (Department of Veterans Affairs)" 2. The PEB determined he remained unfit, awarded him a 30% disability rating, and recommended his permanent retirement....

  • ARMY | BCMR | CY2009 | 20090009537

    Original file (20090009537.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). These orders also show the applicant had completed 16 years, 3 months, and 7 days of creditable service for disability retirement under Title 10, U.S. Code, section 1405, and 18 years, 2 months, and 18 days of creditable service for basic pay. This document further shows the applicant placed his signature on the DA Form 199 on 21 March 2001.

  • ARMY | BCMR | CY2008 | 20080018014

    Original file (20080018014.txt) Auto-classification: Denied

    U.S. Army Physical Evaluation Board, Walter Reed Army Medical Center, letter, dated 27 December 1985, shows the Alternate Board Recorder advised the applicant that the U.S. Army PEB had reevaluated her physical condition and recommended that she be retained on the TDRL with reexamination during the month of January 1987. U.S. Army Physical Evaluation Board, Walter Reed Army Medical Center, letter, dated 9 June 1988, shows the Board Recorder informed the applicant that a formal PEB hearing...