RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2005
DOCKET NUMBER: AR20040002046
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter T. Morrison | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Mr. Antonio Uribe | |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, in effect, retirement in the highest grade
satisfactorily held.
2. The applicant states, in effect, that he held and satisfactorily served
in the rank and pay grade of staff sergeant/E-6 (SSG/E-6) on active duty in
the United States Marine Corps (USMC).
3. The applicant provides a copy of his separation document (DD Form 214)
from the USMC, Retirement Orders and Army National Guard Retirement Point
History in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record contains a DD Form 214 that confirms he served
in the USMC from 13 July 1985 through 17 July 1993, at which time he was
honorably separated, by reason of completion of required obligated service.
The separation document further shows he held the rank and pay grade of
SSG/E-6 on the date of his separation, 17 July 1993, and that he had been
promoted to that grade on 1 December 1985.
2. The record shows the applicant entered the ARNG in 1993 and on 24
January 2003, he was ordered to active duty for 365 days in support of
Operation Enduring Freedom.
3. A Physical Disability Information Report on file confirms the applicant
was being retired by reason of physical disability based on an injury or
disease he received in the line of duty as a direct result of armed
conflict or that was caused by an instrumentality of war and incurred in
the line of duty during a war period. This report confirms the highest
rank and pay grade held by the applicant was SSG/E-6.
4. XVIII Airborne Corps and Fort Bragg Orders Number 029-0296, dated
29 January 2004, directed the applicant’s release from active duty because
of physical disability on 17 March 2004 and his placement on the Retired
List on
18 March 2004. These orders authorized a retired grade of sergeant/E-5
(SGT/E-5).
5. On 17 March 2004, the applicant was honorably released from active duty
under the provisions of paragraph 4-24B, Army Regulation 635-40, by reason
of disability-permanent after completing a total of 19 years, 7 months and
1 day of active military service. The DD Form 214 he was issued confirms
he held the rank and pay grade of SGT/E-5 on the date of his separation.
6. 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 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 Retired List; the
highest grade in which he served satisfactorily the grade to which he would
have been promoted had it not been for the physical disability that
resulted in retirement.
DISCUSSION AND CONCLUSIONS:
1. By law, members of the Armed Forces are entitled to placed on the
Retired List in the highest grade in which they satisfactorily served. The
evidence of record confirms the applicant held and satisfactorily served on
active duty in the rank and pay grade of SSG/E-6 from 1 December 1985
through 17 July 1993.
2. In light of the applicant’s over eight years of satisfactory service as
a
SSG/E-6, he should have been placed on the Retired List in that rank and
pay grade at the time of his disability retirement. Thus, it would be
appropriate and serve the interest of justice and equity to correct the
applicant’s record to show he was placed on the Retired List in the rank
and pay grade SSG/E-6 on 18 March 2004 and by providing him any back
retired pay due as a result.
BOARD VOTE:
____AU _ __WTM__ ___RLD_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he was placed on the Retired List in the rank and pay grade of
staff sergeant/E-6 on 18 March 2004 and by providing him any back retired
pay due as a result.
____Walter T. Morrison__
CHAIRPERSON
INDEX
|CASE ID |AR20040002046 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/03/01 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2004/03/17 |
|DISCHARGE AUTHORITY |AR 635-40 |
|DISCHARGE REASON |Disability-Permanent |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.0400 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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