| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That his report of separation (DD Form 214) be corrected to reflect his pay grade as E-6.
APPLICANT STATES: That his pay grade of his DD Form 214 should be corrected to reflect the pay grade of E-6 instead of E-5, as currently reflected on that document. He further states that he was told at the time of separation that the change would occur automatically and that he would be provided a corrected DD 214.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 22 September 1982 and remained on active duty as a petroleum supply specialist through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 March 1989.
On 5 March 1991, nonjudicial punishment was imposed against him for dereliction of duty and disobeying lawful orders from a commissioned officer. His punishment consisted of a reduction to the pay grade of E-5, a forfeiture of pay and extra duty.
On 19 August 1991 he was released from active duty (REFRAD) in the pay grade of E-5 and was transferred to the Temporary Disability Retired List (TDRL) in the pay grade of E-6, effective 20 August 1991. His DD Form 214 issued at the time of his REFRAD, indicates that his pay grade was E-5.
The applicant’s placement on the TDRL is based on a request submitted by the Physical Disability Agency to the Army Grade Determination Review Board (AGDRB) in connection with his separation. The AGDRB determined that the highest grade he had satisfactorily held was the pay grade of E-6 and voted unanimously to advance him on the Retired List in that grade.
On 27 October 1993, the applicant was removed from the TDRL and was placed on the Permanent Disability Retired List (PDRL) with a 30% disability rating for Schizophrenia, chronic, undifferentiated.
Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect the actual grade in which the individual is serving on the date of REFRAD or discharge. Personnel who are placed on the TDRL will receive a DD Form 214 at the time they are REFRAD and placed on the TDRL. However, if they are subsequently removed from the TDRL, a new DD Form 214 will not be issued to reflect placement on the PDRL or discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. At the time the applicant was REFRAD he was serving in the pay grade of E-5 and his DD Form 214 correctly reflects that grade. His advancement on the Retired List was the result of a grade determination that did not take effect until the day after his REFRAD. Accordingly, there is no basis to correct his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__inw ___ __gjw ___ ___rjw __ DENY APPLICATION
| CASE ID | AR2001064654 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/12 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000/corr 214 |
| 2. 302 | 129.0000/pay gr |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140014000
The applicant requests, in effect, to be placed on the Temporary Disability Retired List (TDRL) in the highest grade he satisfactorily held for the purpose of computation of disability retirement. The applicant states the Army Grade Determination Review Board (AGDRB) found the highest grade in which he satisfactorily served, for the purpose of computation of disability retirement/separation pay, was staff sergeant (SSG)/ E-6. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140021048
On 23 July 2014, the Board denied the applicant's request and determined there should be no change to his record as the PEB appropriately granted a TDRL entry rating of 50% for PTSD. The advisory official recommended approval of the applicant's request that his records be corrected to show a disability retirement in 2010. In a response to the advisory opinion, dated 21 April 2015, the applicant stated he was in total agreement with the USAPDA recommendations and requests placement on the...
ARMY | BCMR | CY2010 | 20100016219
Application for correction of military records (with supporting documents provided, if any). The available records do not include documentation showing the applicant incurred a physical disability during his Army 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.
ARMY | BCMR | CY2010 | 20100029882
His discharge orders show his pay grade as E-5. It further states that a grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay and each case will be considered on its own merits. It states that each retired enlisted member of the Army who is retired with less than 30 years of active service is entitled, when his/her active service plus his/her service on the Retired List totals 30 years, to be advanced on the...
ARMY | BCMR | CY2014 | 20140010831
On 28 August 2012, the USAPDA requested the Army Grade Determination Review Board (AGDRB) review the applicant's case for determination of the highest grade satisfactorily served for the purpose of computation of retirement or separation pay. On 9 October 2012, the AGDRB determined the highest grade in which the applicant served satisfactorily for the purpose of computation of disability retirement/separation pay was his grade on the date of separation. Therefore, there is sufficient...
ARMY | BCMR | CY1990-1993 | 9306598
He states that he was promoted to pay grade E-6 in 1975, and promoted to pay grade E-7 in February 1981. Army Regulation 15-80 establishes policies, procedure, and responsibilities of the Army Grade Determination Review Board (AGDRB), and states in pertinent part that the AGDRB will make final determinations on behalf of the Secretary of the Army. 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...
ARMY | BCMR | CY2015 | 20150000528
The applicant states: * he does not believe the Board had all the evidence to make a proper determination of his case * he performed in the rank of SSG successfully; he challenges anyone to read his records and disagree * he performed the duties on three different occasions as a sergeant first class (SFC) and he was rated top block and among the best * he was awarded the Meritorious Service Medal in that rank and he served 14 years in that rank * he does not believe one incident means his...
ARMY | BCMR | CY2013 | 20130016000
Title 10, U.S. Code, section 1372, states 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: a. the grade in which he/she is serving on the date when his/her name was placed on the TDRL or on the date when retired; b. the highest temporary grade in which he/she served satisfactorily; c. the permanent regular grade to which he/she would have been promoted had it not...
ARMY | BCMR | CY2009 | 20090016071
The applicant requests, in effect, that his record be corrected to show he was placed on the Temporary Disability Retired List (TDRL) on 29 October 2008 with an increased disability rating instead of being discharged by reason of disability with severance pay on the same date. The applicant's record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) that shows a PEB evaluated the applicant's case at Fort Sam Houston, Texas, on 11 July 2008. Based on the available...
ARMY | BCMR | CY2009 | 20090013523
The applicant was informed that since he was on the TDRL, the PDA did not have the authority to correct his records. Specifically, it states that when a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veterans release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six-month period following the veterans discharge to determine...