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ARMY | BCMR | CY2006 | 20060006982C070205
Original file (20060006982C070205.doc) Auto-classification: Approved



                            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.                      |                                        |


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