IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100010362
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 he was advanced to the pay grade of E-4 and that he was placed on the Temporary Disability Retired List (TDRL) in the pay grade of E-4.
2. The applicant states, in effect, that Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) clearly states that advancement to the pay grade of E-4 is automatic upon attaining 24 months time in service (TIS) and 12 months time in grade (TIG) unless the commander takes steps to block the promotion. He goes on to state that there was no adverse action pending; however, he was undergoing evaluation under the Physical Disability Evaluation System (PDES) at the time he was eligible for advancement to the pay grade of E-4 and was subsequently placed on the TDRL in the pay grade of E-3, when in fact he should have been placed on the TDRL in the pay grade of E-4.
3. The applicant provides:
* A two-page letter explaining his application
* A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A copy of his Physical Evaluation Board (PEB) Proceedings
* A copy of his retirement orders
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in the pay grade of E-3 on 5 June 2007 for a period of 3 years and 17 weeks, training as a fire support specialist, a seasonal enlistment bonus and participation in the loan repayment program.
2. He completed his one-station unit training (OSUT) at Fort Sill, Oklahoma and was transferred to Fort Benning, Georgia for his first and only duty assignment. He deployed to Iraq from 1 January 2008 to 25 May 2008. There is no evidence in the applicants records to show that any action was taken by the commander to block his promotion.
3. On 6 May 2009, a PEB convened at Fort Sam Houston, Texas that found the applicant unfit for duty and recommended that he be placed on the TDRL with a 60% disability rating. The applicant concurred with the findings and recommendations of the PEB and waived a formal hearing of his case.
4. On 24 June 2009, the applicant was retired under the provisions of AR 635-40 due to disability, temporary and was placed on the TDRL in the pay grade of E-3, effective 25 June 2009. He had served 2 years and 24 days of total active service.
5. In the processing of this case a staff member of the Board contacted officials at the Physical Disability Agency (PDA). Officials at the PDA indicated the applicant had been processed for placement on the TDRL in the pay grade of E-4; however, for reasons that were not apparent, he was placed on the TDRL in the pay grade of E-3. Officials at the PDA indicate that all of his documents show that he was processed as an E-4 and that an administrative error resulted in his being placed on the TDRL in the pay grade of E-3. The contents of this telephone conversation were shared with the applicant on 13 September 2010 and he concurred with the content.
6. AR 600-8-19 provides that Soldiers will be automatically promoted to the pay grade of E-4 upon attaining 24 months TIS and 12 months TIG, unless action is taken by the commander to block the promotion. Promotions to the pay grade of E-2 through E-4 are all automatic (based on TIS and TIG constraints) unless blocked by the unit commander.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the pay grade of E-3 on 5 June 2007 and therefore reached his maximum TIS/TIG requirements for promotion to the pay grade of E-4 on 5 June 2007.
2. The applicant was processed for disability retirement under the PDES in the pay grade of E-4 and since there is no evidence to show that the commander took any action to block the promotion, he should have been advanced to the pay grade of E-4 on 5 June 2009 and placed on the TDRL in the pay grade of E-4 effective 25 June 2009.
3. Accordingly, it would be in the interest of justice to correct his records at this time to show that he was advanced to the pay grade of E-4 effective 5 June 2009 and that he was placed on the TDRL in the pay grade of E-4 on 25 June 2009.
4. Additionally, he is entitled to any back pay and allowances and retired pay that flow from this change.
BOARD VOTE:
____X____ ___X_____ ___X_____ 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 showing that he was advanced to the pay grade of E-4 on 5 June 2009; correcting his DD Form 214 to show his rank and pay grade as Specialist, E-4 with an effective date of pay grade of 5 September 2009; that he was retired in the pay grade of E-4; and that he was transferred to the TDRL on 25 June 2009 in the pay grade of E-4 with entitlement to all back pay and allowances and retired pay that flow from this action.
_______ _ _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) AR20100010362
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ABCMR Record of Proceedings (cont) AR20100010362
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