RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060000627


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, correction to his DD Form 214
(Certificate of Release or Discharge from Active Duty) to show he was
separated in the pay grade E-5.

2.  The applicant states, in effect, he was honorably discharged in pay
grade E-4 with a medical discharge and should have been discharged as an E-
5.  He also states that he was on a promotion list for pay grade E-5.  He
was medically discharged and according to MILPER Message 05-084 he should
have been promoted to E-5.  His separation orders state his correct pay
grade as E-5.

3.  The applicant provides copies of MILPER Message 05-084, his separation
orders, his DD Form 214, and his promotion point update data form, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army,
as a specialist (SPC), in pay grade E-4, on 1 June 2001, with prior
service.

2.  The applicant submits a promotion point update, dated 8 November 2004,
that shows he had promotion list status in military occupational specialty
42L2 (Administrative Specialist), with 527 promotion points.

3.  A staff member of the Enlisted Promotions Branch, Human Resources
Command, Alexandria, Virginia, verified that the applicant was placed on
the promotion list for promotion to pay grade E-5 in November 2004.

4.  Headquarters, US Army Japan, issued Orders Number 286-0102, on
13 October 2005, separating the applicant from active duty, as a
specialist, in pay grade E-4, with a 10 percent disability.  The applicant
was also authorized disability severance pay based on 8 years, 5 months,
and 5 days of service, effective 3 November 2005.

5.  Headquarters, US Army Japan, issued Orders Number 307-0101, on
3 November 2005, revoking Orders Numbers 286-0102, dated 13 October 2005.
6.  Headquarters, US Army Japan, issued Orders Number 307-0102, on
3 November 2005, separating the applicant from active duty, as a sergeant,
in pay grade E-5, with a 10 percent disability pay.  The applicant was also
authorized disability severance pay based on 8 years, 5 months, and 5 days
of service, effective 3 November 2005.

7.  The applicant was issued a DD Form 214 (Certificate of Release or
Discharge from Active Duty), dated 3 November 2005, honorably discharging
him from active duty for disability.  Block 4a. (Grade, Rate or Rank), of
the applicant's DD Form 214, shows the rank, SPC.  Block 4b. (Pay Grade),
of his DD Form 214, shows pay grade E-4.  Block 12h. (Effective Date of Pay
Grade), of the applicant's DD Form 214, shows the date:  2001 / 06 / 01 (1
June 2001).

8.  MILPER Message 05-084 (Enlisted Eligibility Regarding Enlisted
Soldiers Undergoing Evaluations by the Military Occupational
Specialty/Medical Retention Board (MMRB), Medical Evaluation Board (MEB)
or Physical Evaluation Board (PEB)), dated 4 April 2005, provides
clarification to provide consistency with regard to promotion eligibility
for enlisted Soldiers undergoing MMRB / MEB / PEB. Paragraph 1-19d
specifies per the provisions of Title 10, United States Code 1212,
Soldiers who are on a promotion list at the time of separation for
disability with entitlement to disability severance pay will be paid such
compensation at the promotion list grade.  Further, the Soldier will be
promoted to the designated grade effective the Soldier's separation date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in pay grade E-
4 on 1 June 2001.  He attained promotion list status for promotion to pay
grade
E-5 in November 2004.  He was issued orders discharging him in pay grade E-
5, with a 10 percent disability and with entitlement to severance pay.  He
was issued a DD Form 214 erroneously discharging him in pay grade E-4.

2.  Per MILPER Message 05-084, enlisted Soldiers who are on a promotion
list at the time of separation for disability, with entitlement to
severance pay, will be promoted to the promotion list grade effective the
date of the Soldier's separation.

3.  Based on regulatory guidance in effect on the date of the applicant's
discharge, he is entitled to correction to his DD Form 214, dated
3 November 2005, to show the rank, Sergeant, in Block 4a; to show the pay
grade E-5 in Block 4b; and a date of rank of 2005 / 11 / 03 (3 November
2005) in Block 12h.
4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__PBF___  __TAP__  ____LD_   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 the
Department of the Army records of the individual concerned be corrected by
showing the rank Sergeant, in Block 4a.; the pay grade E-5, in Block 4b.;
and a date of rank of 3 November 2005 in Block 12h, of the applicant's DD
Form 214.




                                  _____Thomas A. Pagan____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000627                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |128.08                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]