| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. Kathleen A. Newman | Chairperson | ||
| Ms. Gail J. Wire | Member | ||
| Mr. Patrick H. McGarthy, Jr. | Member |
APPLICANT REQUESTS: That his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his grade as E-4 and that he receive back retired pay as a result of this correction.
APPLICANT STATES: That he was a Specialist, E-4 since 1 February 1994. Furthermore, he was upgraded to Sergeant, E-5 for the purposes of medical retirement. As supporting evidence he provides a Personnel Action, DA Form 4187, showing he was promoted to Specialist, E-4 effective 1 February 1994; an email dated 11 April 2000 showing he was placed on the Temporary Disability Retired List in the grade of Sergeant; and a copy of his retired identification card showing his rank as Sergeant, E-5.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 24 March 1992. He completed basic training and advanced individual training and was awarded military occupational specialty 75B (Personnel Administration Specialist).
The applicant was promoted to Specialist, E-4 effective 1 February 1994 with a date of rank of 1 February 1994.
Records at the Defense Finance and Accounting Service (DFAS) show that the applicant was paid E-4 pay until 29 September 1998. On 30 September 1998, he began receiving pay as an E-1 with a reason code indicating he had been demoted. DFAS records also show that $463.00 was directed to be taken from his pay each month beginning 1 November 1998 until 31 December 1998. DFAS records show the applicant was receiving E-1 pay when he separated.
The applicant's physical disability processing packet is not available. The latest document on his fiche is his June 1997 reenlistment contract. His Personnel Qualification Record or Enlisted Record Brief is not available.
The applicant provides an email message from the 1st Personnel Command, U. S. Army Europe to several individuals regarding the applicant's disability retirement. A Commander, U. S. Total Army Personnel Command (PERSCOM) (office symbol TAPD-PDB) message, date time group 041357Z April 2000, Subject: Disability Retirement for Private (the applicant) was copied into the email. The message stated in pertinent part, "SM IS REFRAD 22 MAY 00 AND PLACED ON THE TEMP DSABL RET LIST 23 MAY 00 IN GR OF SGT." The point of contact was a Ms. H___.
A copy of the original message reads the same in the pertinent part; however, "SGT" is lined through and "PVT" is written above it with apparently the point of contact's initials next to the change. The point of contact verified on 12 December 2002 that her office no longer has a copy of the message; however, a pen and ink correction was most likely the only means of correction she made to the message (i.e., she would not have retyped the message to correct such an error). A copy of the Optional Form 271 (Conversation Record) regarding the conversation with the point of contact was provided to the applicant for comment. It was returned as undeliverable.
Orders D66-B, PERSCOM (office symbol TAPD-PDB), dated 6 April 2000 placed the applicant on the TDRL effective 23 May 2000 in the retired grade of rank of Private, E-1.
On 22 May 2000, the applicant was separated from active duty due to temporary disability. His DD Form 214 shows his rank and grade as Private, E-1 and his effective date of pay grade as 30 September 1998.
On 23 May 2000, the applicant was issued a retired identification card in the rank of Sergeant, E-5.
Records at DFAS confirm that the applicant is being paid E-1 retired pay.
Title 10, U. S. Code, section 1372 states that any member who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest grade in which he is serving on the date when his name is placed on the TDRL or the date he is retired or he is entitled to the highest grade in which he served satisfactorily as determined by the Secretary of the armed force from which he is retired.
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. Based upon the available records, it appears the applicant's was properly retired grade in pay grade E-1.
3. There is no evidence of record and the applicant does not contend that he ever held the rank of Sergeant, E-5. Therefore, it appears he does not meet the statutory criteria for retirement as an E-5. The email message information stating he was placed on the disability retired list as a Sergeant was in error. That error appears to have been corrected, by the same office that issued his retirement orders, on the original message. It appears his identification card was issued based on the erroneous information in the email rather than on his retirement orders and the card is in error in reflecting his grade as Sergeant, E-5.
4. The applicant contends that he was a Specialist, E-4 since 1 February 1994; however, the evidence of record shows that he was demoted to Private, E-1 on 30 September 1998. There is no evidence of record to show he was promoted after that. Therefore, it does not appear that he satisfactorily held the rank of Specialist, E-4 for the purpose of placement on the TDRL. It also appears from this evidence that his DD Form 214 is correct in reflecting his rank and grade as Private, E-1 and his effective date of pay grade as 30 September 1998.
5. There are insufficient records available to determine if the applicant may have satisfactorily held either grade E-3 or E-2. Therefore, it appears he is properly receiving retired pay in the grade of E-1.
6. 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
__KAN__ __GJW _ __PHM __ DENY APPLICATION
| CASE ID | AR2002075585 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/01/23 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.09 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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