2. The applicant requests, in effect, correction of his military records to show that his pay grade was E-2 when he was placed on the Temporary Disability Retired List (TDRL), and when he was removed from the TDRL and permanently retired.
3. The applicant states that he is currently receiving a disability check which is based on pay grade E-1. He should be receiving his check based on pay grade E-2.
4. On 22 April 1986, the applicant enlisted in the Regular Army, in pay grade E-1, for 3 years.
5. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 5 July 1986, indicates that the applicants pay grade was E-1, and that he was hospitalized on 18 June 1986 for an injury to his right hip that occurred while on the obstacle course.
6. The applicants leave and earnings statement for the period 1-30 September 1986 indicates that he was advanced to pay grade E-2 effective 1 September 1986.
7. A Report of Medical Examination, dated 25 November 1986, indicates that the applicants pay grade was E-1, and that he was not qualified for retention. A Medical Evaluation Board (MEBD), dated 25 November 1986, indicates that the applicants pay grade was E-1, and recommended that he be referred to a physical evaluation board (PEB).
8. Orders, dated 25 November 1986, which reassigned the applicant from his unit to a medical holding company effective 5 December 1986 indicates that his pay grade was E-2.
9. A PEB, dated 9 December 1986, indicates that the applicants pay grade was E-1, and found that he was physically unfit. It recommended a combined rating of 30 percent, and that he be placed on the TDRL with reexamination during June 1988.
10. A DA Form 2A (Personnel Qualification Record, Part I), dated 2 January 1987, indicates that the applicants date of rank for pay grade E-2 was 22 October 1986. Also, a DA Form 2-1 (Personnel Qualification Record-Part II) indicates that his date of rank for pay grade E-2 was 22 October 1986.
11. Orders, dated 30 January 1987, issued by the U.S. Army Military Personnel Center (MILPERCEN), indicates that the applicant was relieved from assignment and duty because of physical disability on 27 February 1987; that he was placed on the TDRL on 28 February 1987, and that his pay grade was E-1. A DA Form 3713 (Data for Retired Pay), dated 30 January 1987, shows his active duty and retired pay grade as E-1.
12. A DA Form 4240 (Data for Payment of Retired Army Personnel), dated 23 February 1987, indicates that the applicants pay grade was E-2.
13. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that the applicants pay grade was E-2 effective 22 October 1986, and that he was separated on 27 February 1987.
14. A PEB, dated 23 September 1988, indicates that the applicants pay grade was E-1, and found that he was physically unfit. It recommended a combined rating of 30 percent, and that he be permanently retired from the service.
15. Orders, dated 7 November 1988, issued by the MILPERCEN, indicates that the applicant was removed from the TDRL because of permanent physical disability on 21 November 1988, and that he was permanently retired on 22 November 1988 in his current grade. A DA Form 3713, dated 7 November 1988, shows his active duty and retired pay grade as E-1.
16. Army Regulation 600-200, then in effect, provided, in pertinent part, that a soldier would be advanced to pay grade E-2 when he completed 6 months of active Federal service, unless it was stopped by the commander. To recognize outstanding performance, local commanders could advance soldiers to E-2 who had at least 4 but less than 6 months of active service. The number of soldiers who could be given accelerated advancement to pay grade E-2 was restricted by Headquarters, Department of the Army.
CONCLUSIONS:
1. The Board notes that the applicants leave and earnings statement indicates that he was advanced to pay grade E-2 effective 1 September 1986, and that the DA Form 2A and DA Form 2-1 indicate that his date of rank for pay grade E-2 was 22 October 1986. Also, his DD Form 214 indicates that his pay grade was E-2 effective 22 October 1986.
2. Although it cannot be determined, with certainty, the exact date that the applicant was advanced to pay grade E-2, the evidence of record indicates that he was advanced to pay grade E-2 prior to the MEBD, the PEBs, and the actions by the MILPERCEN. The Board presumes that the medical and the MILPERCEN authorities were not informed of the applicants advancement to pay grade E-2. Therefore, all documents pertaining to his medical processing contained the incorrect pay grade of E-1.
3. In view of the foregoing, it would be appropriate to correct the applicants military records, as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that the pay grade of the individual concerned was E-2 at the time that he was released from active duty on 27 February 1987;
b. by showing that his pay grade was E-2 at the time that he was placed on the TDRL on 28 February 1987;
c. by showing that his pay grade was E-2 at the time that he was removed from the TDRL on 21 November 1988; and
d. by showing that his pay grade was E-2 at the time that he was permanently retired on 22 November 1988.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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