RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 December 2006
DOCKET NUMBER: AR20060006982
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. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard Dunbar | |Chairperson |
| |Mr. Dale DeBruler | |Member |
| |Mr. Larry Racster | |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show he was promoted to
sergeant first class (SFC), E-7.
2. The applicant states that 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 in
accordance with Military Personnel (MILPER) Message Number 05-084,
paragraph 6d. Further, the Soldier will be promoted to the designated
grade effective the Soldier’s separation date.
3. The applicant provides a copy of MILPER Message Number 05-084; his
discharge orders; his Enlisted Record Brief; his DD Form 214; a DA Form
5892-R (PEBLO Estimated Disability Compensation Worksheet); and his
Physical Evaluation Board (PEB) Proceedings.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Army National Guard, the
applicant enlisted in the Regular Army on 1 February 1994. He completed
basic training and advanced individual training and was awarded military
occupational specialty 63S (Light Wheeled Vehicle Mechanic). He was
discharged on 2 June 1996 for the purpose of immediate reenlistment.
2. The applicant reenlisted on 3 June 1996 and continued to serve on
active duty through two reenlistments.
3. He was promoted to staff sergeant (SSG) on 1 November 2000.
4. The applicant’s Enlisted Record Brief shows he was on a recommended
promotion list to SFC as of 1 November 2004.
5. The PEB convened on 14 July 2005. The applicant was diagnosed as
having chronic abdominal pain secondary to visceral hyperalgesia with onset
in 2002. The PEB determined that the applicant was physically unfit and
recommended that he be separated with severance pay.
6. Department of the Army, U.S. Army Human Resources Command, Order Number
223-21, dated 11 August 2005, promoted the applicant to SFC with an
effective date and date of rank of 1 September 2005.
7. Department of the Army, XVII Airborne Corps and Fort Bragg, North
Carolina, Orders Number 0254, dated 8 August 2005, discharged the applicant
from active duty in the rank of SSG, E-6 on 19 August 2005
8. Department of the Army, XVII Airborne Corps and Fort Bragg, North
Carolina, Orders Number 223-0258, dated 11 August 2005, amended the
applicant’s separation orders to show he was authorized severance pay in
pay grade SFC, E-7.
9. MILPER Message Number 05-084, issued on 4 April 2005, states, in
pertinent part, that per the provisions of Title 10, U.S. Code, section
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.
The policy pertains to Soldiers of all ranks.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was on a recommended promotion
list to SFC, E-7 when he was separated for disability on 19 August 2005.
In accordance with Title 10, U.S. Code, section 1212 and MILPER Message
05-084, he should have been promoted to SFC, E-7 effective 19 August 2005.
Therefore, his DD Form 214 should be corrected to show he was promoted to
SFC, E-7 on 19 August 2005.
BOARD VOTE:
RD______ DD______ LR______ 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:
a. amending item 4a (Grade, Rate, or Rank) on his DD Form 214 to show
his rank as “SFC”;
b. amending item 4b (Pay Grade) on his DD Form 214 to show his pay
grade as “E-7”; and
c. amending item 12h (Effective Date of Pay Grade) to show the
effective date of pay grade as 19 August 2005.
Richard Dunbar________
CHAIRPERSON
INDEX
|CASE ID |AR20060006982 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061207 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |131.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2006 | 20060000627C070205
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows that the applicant enlisted in pay grade E- 4 on 1 June 2001. 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 /...
ARMY | BCMR | CY2004 | 20040003280C070208
Title 10, U. S. Code, section 619(a)(5)(c)(2)(C) states that the Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the promotion board is convened. Paragraph 1-10e(1) stated that officers whose established separation or retirement date was within 90 days after the date on which the...
ARMY | BCMR | CY2011 | 20110021691
Orders D41-11, dated 1 March 2001, show that on 1 March 2001 he was removed from the TDRL and permanently retired the following day in the grade of rank of SSG/E-6. The evidence of record shows the applicant was selected for promotion to SFC with a sequence number of "2" prior to his placement on the TDRL on 25 June 1997. However, he is entitled to correction of his retirement orders to show he was placed on the retired list on 26 June 1997, in the grade of E-7.
ARMY | BCMR | CY2012 | 20120019075
The applicant states: * when she was honorably discharged for disability at Fort Wainwright, AK, she went to the transition center to out-process * she left Fort Wainwright on 30 days of permissive temporary duty to bring her children back * she did not sign her DD Form 214 * she was promotable to SGT as her Enlisted Record Brief (ERB) shows * the regulation is clear in that promotable Soldiers separated for disability are paid severance pay at the higher grade 3. Chapter 2 contains...
ARMY | BCMR | CY2012 | 20120005005
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant retired on 27 January 2005. As such, his DD Form 214 correctly listed his rank/grade of SSG/E-6 and his retirement orders correctly retired him in the higher grade.
ARMY | BCMR | CY2001 | 2001065521C070421
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), prescribes the policy and procedures for granting retired pay benefits at age 60, for the Army National Guard and Army Reserve. Paragraph 2-11 of this regulation covers computation of retired pay and paragraph 2-11c requires that each retirement applicant’s record will be screened to determine the highest grade held during his or her military service. Therefore, the Board recommends that the applicant's...
ARMY | BCMR | CY2014 | 20140015534
IN THE CASE OF: BOARD DATE: 28 April 2015 DOCKET NUMBER: AR20140015534 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, placement on the temporary disability retired list (TDRL) in the rank/grade of sergeant first class (SFC)/E-7 vice staff sergeant (SSG)/E-6. The BNCOC Phase I distance learning program was transformed into Advanced Leader Course (ALC) - CC delivered via blackboard starting on 1 October 2009.
ARMY | BCMR | CY2013 | 20130014758
The regulation states in: a. Paragraph 1-20a - Soldiers who are pending referral to a Military Occupational Specialty Medical Retention Board under Army Regulation 40-400 (Patient Administration) or referral to a medical evaluation board (MEB) or a PEB under Army Regulation 635-40 will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion. His DD Form 214 currently shows he was retired due to permanent...
ARMY | BCMR | CY2014 | 20140006780
Orders Number 309-0124, dated 5 November 2013, which show he was reassigned to the U.S. Army transition point, effective 28 January 2014, due to being discharged with a: * percentage of disability of 10% * disability severance pay in pay grade E05 based on 7 years, 5 months, and 8 days of service b. a memorandum, dated 21 November 2013, Subject: [the applicant's] promotion to SSG, which stated that the applicant's command: (1) acknowledged that he was currently promotable in accordance with...
ARMY | BCMR | CY2008 | 20080014123
The applicant states, in effect, that he was only rated at 20 percent which is not enough to be medically retired. Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent. Consequently, due to the two concepts involved, an individuals medical condition may not be considered to be a physical disability by the Army and yet be rated by the DVA as a disability.