RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060001637


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, promotion to sergeant first class
and correction of his records to show all authorized awards and
decorations.

2.  The applicant states, in effect, that he was placed on the Temporary
Disability Retired List (TDRL) on 24 August 2001 and permanently retired on
16 November 2005.  He also states that before he was placed on the TDRL he
was selected for promotion to sergeant first class (SFC)/pay grade E-7 by
the Headquarters, Department of the Army, Enlisted Promotion Selection
Board.  The applicant further states, in effect, had he not been placed on
the TDRL, he would have been promoted to SFC.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 24 August
2001, and Headquarters, U.S. Army Physical Disability Agency, Washington,
District of Columbia, Orders D319-08, dated 15 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active
duty on
9 August 1991.  Upon completion of basic combat training and advanced
individual training, he was awarded military occupational specialty (MOS)
75D (Personnel Records Specialist).  On 3 October 1997, he was promoted to
the grade of rank of staff sergeant (SSG)/pay grade E-6 and was awarded MOS
75H (Senior Personnel Sergeant).

2.  The applicant's military service records contain a "Corrected Copy" of
Headquarters, 25th Infantry Division (Light) and U.S. Army, Hawaii,
Schofield Barracks, Hawaii, Orders 145-0002, dated 25 May 2001.  This
document shows, in pertinent part, that the applicant was released from
active duty because of physical disability on 24 August 2001 and placed on
the TDRL, effective
25 August 2001.  This document also shows, in pertinent part, the
applicant's retired grade of rank as SSG (E-6).

3.  The applicant's military service records contain a copy of his DD Form
214, with an effective date of 24 August 2001, that shows he was honorably
separated from active duty due to temporary disability after completing 10
years and
16 days net active service.  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) shows that he was
awarded the Retirement Lapel Button, Meritorious Service Medal, Army
Commendation Medal
(2nd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal
(3rd Award), National Defense Service Medal, Noncommissioned Officer
Professional Development Ribbon with Numeral 2, Army Service Ribbon,
Overseas Service Ribbon (2nd Award), and Expert Marksmanship Qualification
Badge with Rifle Bar.  Item 18 (Remarks) of the DD Form 214 contains, in
pertinent part, the entry "/Retired List Grade SSG/."

4.  The applicant's military service records contain a copy Headquarters,
U.S. Army Physical Disability Agency, Washington, District of Columbia,
Orders D319-08, dated 15 November 2005, that shows the applicant was
removed from the TDRL on 15 November 2005 because of physical disability
and permanently retired in the grade of rank of SSG (E-6) on 16 November
2005.

5.  A review of the applicant's military service records, in conjunction
with Army Regulation 600-8-22 (Military Awards), confirmed that all of the
authorized awards and decorations that the applicant is entitled to are
recorded on his
DD Form 214.

6.  In the processing of this case, coordination was made with the U.S.
Army Human Resources Command, Enlisted Promotions Branch, Alexandria,
Virginia, in order to verify information relevant to the applicant's SFC (E-
7) promotion list status at the time he was placed on the TDRL.  This
coordination revealed that the applicant had been selected for promotion to
SFC (E-7) in MOS 75H and assigned promotion sequence number 81 by the
Headquarters, Department of the Army, Active Component, Sergeant First
Class Promotion Selection Board in May 2001.

7.  Department of Defense (DoD) Financial Management Regulation (FMR),
Volume 7B (Military Pay Policy and Procedures - Retired Pay, Chapter 1
(Initial Entitlements - Retirements), paragraph 010501 (Rank and Pay Grade
- General Determination), provides, in pertinent part, that unless entitled
to a higher grade under some other provisions of law, members of the Armed
Forces who retire for disability are entitled to the highest of: (1) the
grade or rank in which serving when placed on the TDRL or, if not carried
on that list, on date of retirement;
(2) the highest grade or rank in which member satisfactorily serves; (3)
the permanent Regular or Reserve grade to which the member would have been
promoted had it not been for the disability for which the member is retired
that was found upon physical examination; or (4) the temporary grade to
which member would have been promoted had it not been for the disability
for which member is retired, if eligibility for that promotion was required
based on the cumulative years of service or years of service in grade, and
the disability is found upon physical examination.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be promoted to the
grade of rank of SFC (E-7) because he was selected for promotion to SFC
before he was placed on the TDRL.  The applicant also contends, in effect,
that his records should be corrected to show all of his authorized awards
and decorations.

2.  The evidence of record shows that the applicant was selected for
promotion to the grade of rank of SFC (E-7) in May 2001.  The evidence of
record also shows that the applicant was serving on active duty in the
grade of rank of SSG (E-6) when he was placed on the TDRL in August 2001.
The evidence of record further shows that the applicant was subsequently
permanently retired in the grade of rank of SSG (E-6) in November 2005.

3.  The evidence of record shows that members of the Armed Forces who
retire for disability are entitled to the permanent Regular Army grade to
which the member would have been promoted had it not been for the
disability for which the member is retired that was found upon physical
examination.  Therefore, in view of the foregoing, the applicant is
entitled to correction of his records to show that he was placed on the
TDRL in the grade of rank of SFC (E-7) and that he was permanently retired
in the grade of rank of SFC (E-7).

4.  The evidence of record shows that the applicant's discharge document
accurately reflects all of his authorized awards and decorations.
Therefore, he is not entitled to correction of his records to show any
additional awards or decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JBG _  __SWF__  __EEM__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  promoting the applicant to the grade of sergeant first class
(SFC)/pay grade E-7, effective and with a date of rank of 25 August 2001;

      b.  correcting both his Temporary Disability Retired List (TDRL) and
permanent retirement orders to show the applicant was retired in the grade
of rank of SFC (E-7); and

      c.  correcting Item 18 (Remarks) of his DD Form 214, as follows:

      (1)  Delete:  "/RETIRED LIST GRADE SSG/"
      (2)  Add:      "/RETIRED LIST GRADE SFC/"

2.  In addition, as a result of this correction, the Defense Finance and
Accounting Service shall be notified of the Board's determination and remit
payment to the applicant of all back pay (i.e., pay and allowances, less
any withholdings and/or deductions) that may be due as a result of this
correction.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
his awards and decorations.




                                        _James B. Gunlicks____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001637                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20051116                                |
|DISCHARGE AUTHORITY     |AR 635-40, Para 4-24b(2) & Section 1201 |
|DISCHARGE REASON        |Disability Retirement                   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0900.0000                           |
|2.                      |107.0000.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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