| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Mr. Ronald J. Weaver | Member |
2. The applicant requests, in effect, that his retired rank and pay grade be corrected to specialist/E-4 (SPC/E-4) vice private first class/E-3 (PFC/E-3).
3. The applicant states, in effect, that an error in the paperwork during his medical processing resulted in his retired rank and pay grade being incorrectly listed as PFC/E-3 instead of SPC/E-4. He claims that he made several unsuccessful attempts to correct this error prior to having this avenue for relief recommended.
4. The applicant’s military records show that he entered active duty on
1 September 1983. He was trained and served in military occupational specialty (MOS) 12B (Combat Engineer), and on 1 October 1985, he was promoted to the rank and pay grade of SPC/E-4, which is the highest rank and pay grade he held while serving on active duty.
5. On 5 March 1986, a Physical Evaluation Board (PEB) convened at Walter Reed Army Medical Center (WRAMC), Washington D.C., and after evaluating the medical evidence pertaining to the applicant’s medical condition, it found him physically unfit for further military service. The PEB recommended that he be placed on the Temporary Disability Retired List (TDRL), and on 21 March 1986, the findings and recommendations of the PEB were approved.
6. A Data for Retired Pay (DA Form 3713), dated 2 April 1986, prepared on the applicant by personnel officials of the Total Army Personnel Command (PERSCOM), indicates that the applicant’s active duty rank and pay grade were PFC/E-3, and this would be the rank and pay grade in which he was placed on the TDRL. Orders Number D60-4, also dated 2 April 1986, issued by the PERSCOM, directed the applicant’s REFRAD and placement on the TDRL on
30 April 1986, in the retired rank and pay grade of PFC/E-3.
7. On 30 April 1986, the applicant was honorably REFRAD, by reason of physical disability-temporary, after completing a total of 2 years and 8 months of active military service. The separation document (DD Form 214) confirms, in Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade), that the applicant held the rank and pay grade of SPC/E-4 on that date, and Item 12h (Effective Date of Pay Grade) confirms that he held it since 1 October 1985.
8. On 11 June 1990, a PEB reevaluated the applicant and rated his physical disability at 40 percent and determined his condition had stabilized sufficiently for rating purposes and recommended permanent retirement. Orders Number D120-31, dated 15 June 1990, issued by PERSCOM, directed that the applicant be removed from the TDRL on 15 June 1990 and that he be permanently retired in his current rank and pay grade.
9. Title 10 of the United States Code, section 1372 provides the legal authority for the grade to be awarded to members retiring for physical disability. It states, in pertinent part, that at the time any member of an armed force who is retired for physical disability is entitled to a grade equivalent to the highest of the following: the grade in which he is serving on the date when his name is placed on the TDRL; the highest grade in which he served satisfactorily; the grade to which he would have been promoted. This law applies both at the time a member is placed on the TDRL or the Retired List based on a permanent disability.
CONCLUSIONS:
1. The Board notes the applicant’s contention that his retired rank and pay grade are incorrect, and it find this claim has merit. By law, a member retired by reason of physical disability is entitled to a grade equivalent to the highest of the following: the grade in which he is serving on the date when his name is placed on the TDRL; the highest grade in which he served satisfactorily; the grade to which he would have been promoted. These provisions of the law apply both at the time is placed on the TDRL or the Retired List based on a permanent disability.
2. 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. It is clear that the retired rank and pay grade of PFC/E-3 authorized the applicant by Department of the Army personnel officials was based on incorrect records data, and was in error at the time of the applicant’s REFRAD and placement on the TDRL.
3. In view of the facts of this case, the Board concludes that it would be appropriate to correct the applicant’s record to show he was placed on the TDRL in the rank and pay grade of SPC/E-4 vice PFC/E-3 on 30 April 1986, and that he was permanently retired as a SPC/E-4 on 15 June 1990. Further, the Board finds that it would serve the interest of justice and equity to provide the applicant any back pay and allowances due based on this correction to his retired rank and pay grade.
4. In view of the foregoing, the applicant’s records should be corrected 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 placed on the TDRL in the rank and pay grade of SPC/E-E-4 on 30 April 1986, and permanently retired in that rank and pay grade on 15 June 1990; and by providing him any back pay and allowances due based on this correction to his retired rank and pay grade.
BOARD VOTE:
__MHM__ __CLG _ __RJW__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ _Melvin H. Meyer_ __
CHAIRPERSON
| CASE ID | AR2002076495 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/02/04 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1986/04/30 |
| DISCHARGE AUTHORITY | AR 635-40 |
| DISCHARGE REASON | Disability |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 177 | 108.0000 |
| 2. 283 | 128.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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