RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070011985 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Mr. David K. Haasenritter

Chairperson

Mr. James R. Hastie

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 that his records be corrected to show he was discharged in the rank and grade of Sergeant Major, E-9.

2.  The applicant states he was on a promotion list and was promoted to Sergeant Major, E-9 prior to his discharge.

3.  The applicant provides promotion orders, dated 18 April 2007.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Army National Guard on 9 December 1994.  He was promoted to Master Sergeant, E-8 on      11 August 2004.  

2.  The applicant was ordered to active duty on 22 August 2005.  On an unknown date, he was recommended for promotion to Sergeant Major, E-9 and placed on a promotion list.  On an unknown date, a Physical Evaluation Board recommended he be placed on the Temporary Disability Retired List.

3.  On 15 February 2007, the applicant was released from active duty.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 February 2007 shows his rank and grade as Master Sergeant, E-8.  Headquarters, Walter Reed Army Medical Center Orders 044-0009, dated        13 February 2007, show his rank as Master Sergeant and that he was placed on the retired list effective 16 February 2007 in the rank and grade of Master Sergeant, E-8.

4.  The applicant’s NGB Form 22 (Report of Separation and Record of Service) for the period ending 15 February 2007 shows his rank and grade as Master Sergeant, E-8.  Maryland Army National Guard, Fifth Regiment Armory, orders 116-074, dated 26 April 2007, show his rank as Master Sergeant.

5.  Headquarters, Maryland Army National Guard, Fifth Regiment Armory Order 108-001, dated 18 April 2007, promoted the applicant to Sergeant Major, E-9 effective 15 February 2007 under the provisions of Army Regulation 600-8-19, paragraph 1-20c.

6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20a states that Soldiers who are pending referral to a military occupational specialty (MOS)/medical retention board (MMRB) or referral to a Medical 

Evaluation Board or a Physical Evaluation Board will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion.  Paragraph 1-20c states that, per the provisions of Title 10, U. S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.

7.  Title 10, U. S. Code, section 1372 states any member of an armed force who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest of the following:  

     (1)  the grade or rank in which he is serving on the date when his name is placed on the TDRL or the date he is retired; 

     (2)  the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired; 

     (3)  the permanent 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; or

     (4)  the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was on a promotion list prior to his release from active duty on 15 February 2007 and his placement on the TDRL effective 16 February 2007.  The Maryland Army National Guard issued promotion orders promoting him to Sergeant Major, E-9 effective 15 February 2007 per regulatory and statutory guidance.  However, the orders were not issued until April 2007.

2.  The applicant’s records should be corrected to show he was promoted to Sergeant Major, E-9 effective 15 February 2007 and that he was placed on the TDRL in the rank and grade of Sergeant Major, E-9 effective 16 February 2007.


BOARD VOTE:

__dkh___  __jrh___  __eem___  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 State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

     a.  amending his NGB Form 22 for the period ending 15 February 2007 to show his rank and grade as Sergeant Major, E-9 and his date of rank as           15 February 2007;

     b.  amending Maryland Army National Guard, Fifth Regiment Armory, orders 116-074, dated 26 April 2007, to show his rank as Sergeant Major;

     c.  amending his DD Form 214 for the period ending 15 February 2007 to show his rank and grade as Sergeant Major, E-9 and his effective date of pay grade as 15 February 2007; and 

     d.  amending Headquarters, Walter Reed Army Medical Center Orders       044-0009, dated 13 February 2007, to show his rank as Sergeant Major and that he was placed on the retired list effective 16 February 2007 in the rank and grade of Sergeant Major, E-9.




David K. Haasenritter_
          CHAIRPERSON




INDEX

CASE ID
AR20070011985
SUFFIX

RECON

DATE BOARDED
20080125
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
131.00
2.

3.

4.

5.

6.