2. The applicant requests promotion to private first class (PFC), pay grade E-3.
3. The applicant states that he was medically evacuated from his unit in Germany without being promoted to PFC because of his inability to meet the units physical standards (he was later diagnosed as having leukemia). Orders assigning him to the medical holding company at Walter Reed Army Medical Center (WRAMC) were issued in October 1994. His former unit published orders promoting him effective 1 May 1995, however, since he was no longer assigned to that unit, the promotion was not valid. The medical holding company could have promoted him, but waited too long (orders placing him on the temporary disability retired list (TDRL) had already been published).
4. The applicant entered on active duty on
21 September 1993. On 3 October 1994 he was reassigned from his infantry unit in Germany to the Medical Holding Company, WRAMC. In response to a request from the WRAMC, the applicants former infantry unit commander provided information concerning the applicants performance, stating that it [performance] was marginal, but it was not his doing, that the applicant put his heart into every task assigned, but physical limitations caused him to struggle, limitations that turned out to be as a result of leukemia.
5. In April 1995 the applicants former commanding officer in Germany promoted the applicant to PFC effective
1 May 1995.
6. On 25 July 1995 the WRAMC medical holding company first sergeant stated that the applicant was assigned to that unit from 3 October 1994 to 30 May 1995, and that he was eligible for promotion and should have been promoted. He was not promoted due to an oversight by his previous command. When the medical holding company became aware of the situation, they attempted to promote him, but could not because he was undergoing medical evaluation board procedures.
7. On 30 May 1995 the applicant was retired for physical disability. His DD Form 214 (Certificate of Release or Discharge from Active Duty), shows his rank as private, pay grade E-2, and his date of rank as 21 March 1994. He had
1 year, 8 months, and 10 days of service. The applicant was placed on the temporary disability retired list on
31 May 1995 with a 100 percent disability rating.
8. Army Regulation 600-8-19 prescribes enlisted promotion policies and procedures. Paragraph 2-5 states that the eligibility criteria for advancement to PFC is 12 months time in service (6 months may be waived), and 4 months time in grade (2 months may be waived).
CONCLUSIONS:
1. The applicant should have been advanced to pay
grade E-3. It is reasonable to believe that had the applicants unit commander known of his condition, he would have promoted the applicant when he became eligible. The promotion action [although erroneous] by the applicants infantry unit commander on 1 May 1995 adds credence to this conclusion.
2. The medical holding company first sergeant stated that the applicant should have been advanced while assigned to that unit [medical holding company]. The applicant was eligible for advancement, without waiver, on 21 March 1995. He should be advanced to PFC pay grade E-3 on that date, and receive all due pay and allowances. The applicants
DD Form 214 should be corrected to show his pay grade at the time of his discharge as PFC E-3. Orders placing the applicant on the TDRL on 31 May 1995 should be amended to show his retired grade of rank as PFC E-3.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was advanced to PFC, pay grade E-3, on
21 March 1995, and that he receive all due pay and allowances; and that his DD Form 214 be corrected to show he was separated on 30 May 1995 and placed on the TDRL on
31 May 1995 with the rank and in the pay grade of PFC E-3.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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