BOARD DATE:	 5 October 2010 

		DOCKET NUMBER:  AR20100009438 


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 correction of his records to show he was medically retired in the rank of staff sergeant (SSG)/pay grade E-6.

2.  The applicant states he was medically retired and he is receiving benefits based on the rank of sergeant (SGT)/pay grade E-5.  However, this may be a misunderstanding because he retired as a SSG/E-6 and his benefits should be based on that retired pay grade.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 June 2001.  Upon completion of training he was awarded military occupational specialty (MOS) 92G (Food Service Operations).

2.  Rear Detachment, 18th Personnel Service Battalion, Fort Bragg, NC, Orders 265-02, dated 22 September 2005, promoted the applicant to SGT/E-5 effective and with a date of rank (DOR) of 1 October 2005.  He was also awarded MOS 92G2O00 as his primary MOS effective 1 October 2005.

3.  The applicant's Enlisted Record Brief, dated 19 June 2008, shows in the header section and in section III (Service Data) that he was promoted to SGT with a DOR of 1 October 2005.

4.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows the applicant's permanent disability retirement with a combined rating of 60 percent was approved on 23 September 2008.

	a.  Item 2 (Rank) shows "SGT" and item 5 (PMOS) shows primary MOS "92G2O."

	b.  Item 13 (Election of Soldier) shows the rank "SGT" in the "Typed Name and Grade of Soldier" block.  It also shows the applicant signed the document on 15 September 2008 and it was witnessed by a PEB counselor.

5.  A Physical Disability Information Report, Fort Bragg, NC, dated 6 October 2008, shows the applicant's rank as "SGT/E05," that he had a separation date of 30 December 2008, and that he was to be placed on the Retired List on 31 December 2008.

6.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, Orders 270-0263, dated 26 September 2008, as amended by Orders 280-0285, dated 6 October 2008, released the applicant from assignment and duty on 30 December 2008 because of physical disability and placed him on the Retired List effective 31 December 2008.

	a.  The applicant's rank in the standard name line of the orders shows "SGT."

	b.  The orders also show the entry "SGT" in response to the lead line "Retired grade of rank."

7.  The applicant's DD Form 214 shows he entered active duty on 5 June 2001 and he was retired from active duty based on permanent disability on 30 December 2008.  At the time he had completed 7 years, 6 months, and 26 days of net active service this period.  This document shows in:

* item 4a (Grade, Rate or Rank) - "SSG"
* item 4b (Pay Grade) - "E06"
* item 11 (Primary Specialty) - MOS "92G2P 00"  (7 years and 1 month)
* item 12 (Record of Service), block h (Effective Date of Pay Grade) - "2008 12 22" (i.e., 22 December 2008)
* item 18 (Remarks) - "SOLDIER'S DISABILITY IS SERVICE CONNECTED AND SOLDIER IS ENTITLED TO 60% DISABILITY"

8.  There are no promotion orders or any other promotion instrument that shows the applicant was promoted or advanced to SSG/E-6 effective 22 December 2008 or at any time during the period of service under review.
9.  In connection with the processing of this case, Defense Finance and Accounting Service (DFAS) Army Military/Retired Pay Operations was asked to verify the applicant's retired pay grade.  DFAS responded that the applicant was retired on permanent disability in the grade of SGT/E-5 effective 30 December 2008.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2 (Preparing and Distributing Separation Documents), paragraph 2-4, contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 4a and 4b - enter active duty grade of rank and pay grade at time of separation; and

	b.  item 12h - enter the effective date of promotion to pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was medically retired in the rank and pay grade of SSG/E-6 because he retired in that grade, but his orders show his retired grade as SGT/E-5.

2.  Records show the applicant was promoted to SGT effective 1 October 2005.

3.  Records show the applicant's permanent disability retirement was approved on 23 September 2008.  The PEB proceedings consistently show his rank and MOS as "SGT" and "92G2O" and the applicant acknowledged with his signature that his rank was SGT.  There is no indication in the PEB proceedings that the applicant was to be promoted or advanced and placed on the retired list in the grade of SSG/E-6.

4.  The applicant's separation orders consistently show his rank as SGT and that he was placed on Retired List in the grade of rank of SGT/E-5.

5.  DFAS confirmed the applicant was retired based on permanent disability in the grade of SGT/E-5 effective 30 December 2008.

6.  The applicant's DD Form 214 shows his rank as "SSG," pay grade as "E06," and an effective date of pay grade of 22 December 2008.  However, his MOS is recorded as 92G2P.  Skill level "2" is compatible with the rank of SGT/E-5, whereas skill level "3" is compatible with the rank of SSG/E-6.
7.  A thorough review of the applicant's military service records shows that his DD Form 214 is the only document that shows the rank/pay grade of SSG/E-6.

8.  There is no evidence and the applicant provides insufficient evidence to show he was promoted to SSG subsequent to 1 October 2005 and before 31 December 2008, or that his placement on the Retired List in the grade of SSG/E-6 was authorized by the Department of the Army.

9.  Based on the foregoing and the available evidence, it is concluded that the applicant's rank is correct as shown on his separation orders, military personnel records, and finance records.  Despite the fact that items 4a, 4b, and 12h of the applicant's DD Form 214 appear to be in error, no action is being taken by the Board to correct his DD Form 214 absent a specific request from the applicant.

10.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      ___________x______________
                 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)                                         AR20100009438



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)