RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 APRIL 2006
DOCKET NUMBER: AR20050008436
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard Dunbar | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Mr. Qawiy Sabree | |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 his records be corrected to reflect that he
was promoted to the rank of captain/O-3 on 17 March 2004 and that he be
paid all back pay and allowances to which he is entitled.
2. The applicant states, in effect, that he was selected for promotion to
the rank of captain (CPT) by a special selection board (SSB) that adjourned
in November 2004, which gave him a promotion sequence number of 81.5 and
promotion effective 17 March 2004. However, before he was notified of the
selection, he was discharged by reason of physical disability with
severance pay at the 10 per centum rate. Accordingly, his records should
be corrected to show that he was discharged in the rank of CPT, with a date
of rank (DOR)/effective date of 17 March 2004 and he should be paid all
back pay and allowances from that date, to include an increase in his
disability severance pay.
3. The applicant provides a copy of a letter from the Human Resources
Command – Alexandria, Virginia (HRC-ALEX) dated 25 May 2005, notifying him
of his selection by the SSB.
CONSIDERATION OF EVIDENCE:
1. He was initially commissioned as an Oklahoma Army National Guard second
lieutenant on 25 May 1999 and on 6 July 2002, he was ordered to active duty
as a United States Army Reserve (USAR) first lieutenant (1LT) for a period
of 4 years and was assigned to Fort Hood, Texas.
2. He deployed with his unit to Iraq on 28 April 2003 and was awarded the
Purple Heart for wounds received in action on 27 September 2003. He
departed Iraq on 5 October 2003 and was returned to Fort Hood.
3. The facts and circumstances surrounding his discharge are not present
in the available records. However, his records do contain a duly
authenticated report of separation (DD Form 214) which shows that he was
honorably discharged in the rank and grade of 1LT/02 on 6 December 2004,
under the provisions of Army Regulation 635-40 due to disability with
severance pay. He had served 2 years, 5 months and 1 days of active
service and was paid $14,439.60 in severance pay at the 10 per centum rate.
4. On 25 May 2005, the HRC-Alexandria Promotion Branch dispatched a letter
to the applicant informing him that he had been selected by a SSB for
promotion to the rank of CPT and informed him that he would have been
promoted on
17 March 2004. The letter further informed him that because he was not on
active duty, orders could not be published; however, he could apply to this
Board for relief.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly establishes that the applicant was
selected for promotion to the rank of captain with an effective date of 17
March 2004; however, he was discharged by reason of disability with
severance before orders could be published.
2. Accordingly, it would be in the interest of justice to correct his
records at this time to show that he was promoted to the rank/pay grade of
CPT/03 effective 17 March 2004 and that he was discharged on 6 December
2004 in that rank/pay grade.
3. Additionally, he is entitled to all back pay and allowances that result
from his promotion to captain and severance pay computed at that pay grade.
BOARD VOTE:
___RD __ ___PM __ __QS___ 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 promoted to the rank/pay grade of CPT/03, effective
17 March 2004; that he was discharged in that rank and pay grade; and that
he is entitled to all back pay and allowances that result from his
promotion, to include severance pay at that pay grade
_____Richard Dunbar______
CHAIRPERSON
INDEX
|CASE ID |AR20050008436 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060413 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20041206 |
|DISCHARGE AUTHORITY |AR 635-40, Para 4-24B(3) |
|DISCHARGE REASON |DISABILITY-SEVERANCE PAY |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |189/corr 214 |
|1.110.0000 | |
|2.131.0000 |310/promotion |
|3. | |
|4. | |
|5. | |
|6. | |
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