RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 OCTOBER 2006
DOCKET NUMBER: AR20060000915
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. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Gerald Purcell | |Member |
| |Ms. Karmin Jenkins | |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 show he was
promoted to the grade of captain.
2. The applicant states that prior to being placed on the Temporary
Disability Retired List (TDRL) he was selected for promotion to captain.
While on the TDRL his promotion sequence number was reached on 30 September
2005, however, his records do not reflect his promotion.
3. The applicant further states that he understands that you cannot be
promoted when you are no longer in the Service, however, he was informed by
the Medical Evaluation Board (MEB) and the Physical Evaluation Board (PEB)
staff that his promotion would be honored.
4. The applicant provides a copy of a list of those officers, including
himself, who were selected for promotion to captain by the 2005 Captain
Selection Board, e-mail correspondence from his unit concerning his
promotion status, a copy of his DD Form 214 (Certificate of Release or
Discharge from Active Duty), and a copy of his separation orders, in
support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant was selected for promotion to the grade of captain by the
2005 Captain, Army Competitive Category Selection Board that convened on
26 October 2004, and was approved on 15 January 2005. He was assigned
promotion sequence number 3801.
2. On 14 June 2005, the applicant was released from assignment and duty
because of a physical disability, and placed on the TDRL, effective 15 June
2005.
3. The applicant's DD Form 214 indicates he was retired in the grade of 02
(first lieutenant) on 14 June 2005, under the provisions of Army Regulation
635-40, for temporary disability.
4. Orders 082-0002, Department of the Army, Installation Management
Agency, Headquarters, U.S. Army Garrison, Fort Carson, Colorado, dated 23
March 2005, authorized the applicant's release from active duty, and his
placement on the TDRL, effective 15 June 2005, in the grade of ILT (first
lieutenant).
5. Army Regulation 635-40, paragraph 7-2, provides that an individual's
name may be placed on the TDRL when it is determined that the individual is
qualified for disability retirement under Title 10, United States Code,
section 1201 but for the fact that his or her disability is determined not
to be of a permanent nature and is not stable.
6. Title 10, United States Code, section 1372, provides that an individual
whose named is placed on the temporary disability retired list under
section 1202 or 1205, is entitled to the grade equivalent to the highest of
the grade or rank in which serving or the permanent or temporary regular or
reserve grade to which he would have been promoted had it not been for the
physical disability for which he is retired, and which was found to exist
as a result of a physical examination.
DISCUSSION AND CONCLUSIONS:
1. The applicant was selected for promotion to captain, by the 2005
Captain, Army Competitive Category Selection Board, that convened on 26
October 2004, and was approved on 15 January 2005. However, the applicant
was placed on the TDRL on 15 June 2005, and his promotion sequence number
was not reached until 1 October 2005.
2. Under the provisions of Title 10, U.S. Code, section 1372, the
applicant should have been placed on the TDRL in the grade to which he
would have been promoted had he not been placed on the TDRL. The applicant
was selected for promotion to the grade of captain, and would have been
promoted to that grade had he remained on the active duty list. His
records should be corrected to show he was placed on the TDRL in the grade
of rank of captain/O-3.
BOARD VOTE:
___JI ___ __GP ___ __KJ____ 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 the applicant was placed on the TDRL in the grade of rank of
captain/O3.
______John Infante_________
CHAIRPERSON
INDEX
|CASE ID |AR20060000915 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061012 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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