RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR2004107006


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her separation document be corrected to
show that she was separated in pay grade E-4 (specialist).

2.  The applicant states that she was “retired as an E-4” but her
separation document shows E-3.

3.  The applicant provides a copy of her separation document and a copy of
her separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records were not available to the Board.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s separation document and her separation orders.

2.  The applicant entered active duty on 3 January 2002 and was promoted to
pay grade E-3 on 1 October 2002.  On 12 January 2004 she was honorably
discharged and her name placed on the temporary disability retired list the
following day.  Her separation document indicates that she was discharged
in pay grade E-3 as a PFC (private first class).

3.  Orders provided by the applicant indicate that her “retired grade” was
SPC (specialist).

4.  Army Regulation 600-8-19, which establishes the policies and procedures
for the promotion of enlisted Soldiers states that the requirement for
promotion to pay grade E-4, without waivers, is 24 months time in service
and 6 months time in grade.  It also states that Soldiers undergoing
medical evaluation proceedings to determine ability to perform in his or
her recommended specialty are considered to be in a “nonpromotable status.”

5.  Army Regulation 635-5, which establishes the policies and procedures
for the preparation and distribution of separation documents states that
the separation document will reflect the active duty grade or rank and pay
grade “at time of separation from ERB/ORB [Enlisted Record Brief/Officer
Record Brief].”

6.  Section 1372 of Title 10, United States Code, states that any member of
an armed force whose name is placed on the temporary disability retired
list is entitled to the grade equivalent to the permanent regular or
reserve grade to which he or she would have been promoted had it not been
for the physical disability for which he or she is retired and which was
found to exist as a result of a physical examination.

7.  Section 1407 states, in effect, that disability compensation, for
individuals who first became a member of a uniformed service after 7
September 1980, is computed using the retired pay base times the percentage
of disability on the date when his or her name was placed on the temporary
disability list or 50 percent, which ever is higher.  In the case of a
member who has completed less than 36 months of active service, the retired
pay base is the total amount of basic pay to which the member was entitled
during the period of the member’s active service divided by the number of
months, including any fraction thereof, of the member’s active service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board indicates that the applicant would
have completed 24 months time in service just days before she was
discharged as a result of disability.  However, because she was undergoing
disability processing at the time she attained promotion eligibility for
pay grade E-4 she would have been in a nonpromotable status and as such,
could not have been promoted prior to her separation.

2.  However, Section 1372 of Title 10, United States Codes, allows for the
placement on the retired list in the grade to which an individual would
have been promoted had it not been for his or her physical disability.

3.  While it is understandable that the applicant believes that her
separation document is error, because it shows that she was separated in
pay grade E-3 when her separation orders indicate that she was retired in
pay grade E-4, in reality two separate actions occurred.  The first action
was her discharge on
12 January 2004 when she was issued a separation document reflecting that
discharge, and the second action was when her name was placed on the
retired rolls the following day, 13 January 2004.  She was discharged on 12
January 2004 in pay grade E-3, and her name was placed on the retired rolls
on
13 January 2004 in pay grade E-4.  As such, there is no error in the
information reflected on her separation document and no injustice is
created by that information.  Because of the way disability compensation is
computed there would be no change in the amount of her disability pay based
on the fact that her name was placed on the retired rolls in pay grade E-4,
even though she was discharged in pay grade E-3.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___RD __  ___YM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ______Fred Eichorn_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004107006                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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