IN THE CASE OF:
BOARD DATE: 09 OCTOBER 2008
DOCKET NUMBER: AR20080009343
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that he was promoted to the rank and pay grade of sergeant (SGT) E-5 on the date of his discharge.
2. The applicant states, in effect, that his DD Form 214 reflects that he was discharged in the rank of private first class (PFC); however, he was promoted to the rank of sergeant on 24 September 2007, the date of his discharge.
3. The applicant provides a copy of his promotion orders and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in Philadelphia, Pennsylvania on 13 July 1999 for a period of 3 years under the Airborne/Infantry training option. He completed his one-station unit training and airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for assignment to the 2nd Battalion, 504th Parachute Infantry Regiment.
2. He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 1 February 2004. He served two deployments in Afghanistan and one deployment in Iraq. Although not explained in the available records, the applicant was reduced to the pay grade of E-3 on 1 August 2006.
3. On 4 September 2007, a Physical Evaluation Board (PEB) determined that the applicant should be discharged with severance pay in the rank of sergeant and a 10% disability rating.
4. On the same date, a Department of the Army Grade Determination Review Board also determined that the highest grade in which the applicant served satisfactorily for the purpose of computation of disability retirement or separation pay is sergeant (SGT).
5. On 24 September 2007, orders were published by the applicants unit that promoted the applicant to the rank of SGT effective 24 September 2007.
6. On 24 September 2007, the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24B (3) for disability with severance pay. He had served 8 years, 2 months and 12 days of total active service and was paid $39,739.20 in severance pay benefits. His DD Form 214 reflects that he was discharged in the pay grade of E-3.
7. In the processing of this case a staff advisory opinion was obtained from the Human Resources Command St. Louis which opines, in effect, that based on the grade determination and the promotion orders which were determined to be valid, the applicants records should be corrected to reflect the rank of sergeant. The advisory opinion was provided to the applicant and he concurred with the opinion as written.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been separated in the rank of sergeant has been noted and appears to have merit.
2. A grade determination board determined that the highest grade he satisfactorily served for the purpose of disability retirement or separation was the rank of SGT. However, according to the orders published on the date of his discharge, he was promoted to the rank of SGT based on meeting the announced promotion cut-off scores.
3. Accordingly, he should have been promoted to the rank of SGT on the date of his discharge and his severance pay computed in that pay grade.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was promoted to the rank of sergeant effective 24 September 2007 with entitlement to any pay and allowances that flow from that action.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009343
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