BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100011759
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant first class (SFC)/
E-7.
2. The applicant states his rank should be changed from staff sergeant (SSG) pay grade E-6 to SFC/E-7.
3. The applicant provides a DD Form 214, promotion orders, and discharge orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant enlisted in the Army National Guard on 3 February 1986. He was promoted to staff sergeant (SSG)/E-6 on
9 August 2005.
2. He served on active duty from 7 June 2005 to 2 September 2006. He again entered active duty on 22 May 2007. On an unknown date, he was recommended for promotion to SFC/E-7 and placed on a promotion list. On
13 October 2009, a Physical Evaluation Board recommended he be permanently retired due to physical disability.
3. On 28 January 2010, he was retired for disability. His DD Form 214 for the period ending 28 January 2010 shows his rank and pay grade as SSG/E-6 with an effective date of 9 August 2005. Headquarters, U.S. Army Garrison, Fort George G. Meade, Orders 313-0001, dated 9 November 2009, show his rank as SSG and that he was placed on the retired list effective 29 January 2010 in the rank and grade of SSG/E-6.
4. Headquarters, Maryland Army National Guard, Fifth Regiment Armory, Orders 006-085, dated 6 January 2010, show his rank as SSG/E-6.
5. Headquarters, Maryland Army National Guard, Fifth Regiment Armory Order 008-063, dated 8 January 2010, promoted the applicant to SFC/E-7, effective
27 January 2010.
6. Headquarters, Maryland Army National Guard, Fifth Regiment Armory Order 064-118, dated 5 March 2010, amended Headquarters, Maryland Army National Guard, Fifth Regiment Armory Order 006-085, dated 6 January 2010, to show his rank as SFC/E7.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20a states that Soldiers who are pending referral to a military occupational specialty/medical retention board 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the Maryland Army National Guard issued promotion orders promoting the applicant to SFC/E-7 effective 27 January 2010 per regulatory and statutory guidance, prior to release from active duty on 28 January 2010. Therefore, his DD Form 214 for the period ending 28 January 2010 should be corrected to show his rank and pay grade as SFC/E-7.
2. In addition, the applicant's retirement orders should be amended to show his rank and pay grade as SFC/E-7 in the standard name line and to show he was placed on the retired list in the rank of SFC. He should then be paid any back due retired pay as a result of this correction.
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 the State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:
a. amending U.S. Army Garrison, Fort George G. Meade, Orders 313-0001, dated 9 November 2009, to show his rank and grade as SFC/E-7 in the standard name line and to show he was placed on the retired list in the rank of SFC;
b. amending his DD Form 214 for the period ending 28 January 2010 to show his rank and pay grade as SFC/E-7 and his effective date of pay grade as 27 January 2010; and
c. paying to him any retired pay due as a result of this correction.
_______ _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) AR20100011759
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