IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20100015646
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 promoted to sergeant (SGT)/E-5 prior to his medical discharge from active duty.
2. The applicant states his name was on the SGT/E-5 promotion list but he also had a suspension of favorable personnel actions (flag) on his records. His flag was lifted on 1 July 2009 and he should have been promoted the following day.
3. The applicant provides the following documents:
* A self-authored statement, dated 3 June 2010
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 July 2009
* a copy of his retirement orders, dated 2 June 2009
* a copy of a physical disability information report, dated 2 June 2009
* a copy of his Enlisted Record Brief, dated 26 June 2009
* a copy of a memorandum, dated 15 May 2007, Subject: Proceedings for Promotion to SGT and SSG (staff sergeant)
* a copy of his electronic DA Form 3355 (Promotion Point Worksheet), dated 19 May 2007, and a promotion point update, dated 22 May 2007
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army (RA) on 17 September 2002 and he held military occupational specialty (MOS) 63B
(Wheeled Vehicle Mechanic). He also executed a 5-year reenlistment in the RA on 15 September 2004 and he attained the rank/grade of specialist (SPC)/E-4. His records also show he served in Iraq from 1 November 2003 to 1 November 2004 and 25 June 2006 to 30 September 2007.
2. On 15 May 2007, he appeared before the 296th Brigade Support Battalion, 2nd Infantry Division Enlisted Promotion Board and he was recommended for promotion to SGT/E-5. His name was subsequently incorporated on the SGT/SSG promotion standing list with 430 promotion points.
3. On 5 March 2008, a flag was initiated against the applicant. However, a copy of the DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) is not available for review with this case.
4. On 4 May 2009, an informal Physical Evaluation Board (PEB) diagnosed the applicant with post traumatic stress disorder onset after two tours in Iraq where he was exposed to combat and carnage recovering damaged vehicles. The PEB found him physically unfit and recommended his placement on the temporary disability retired list with a 50 percent disability rating percentage.
5. On 1 July 2009, having determined that his case was closed favorably, his immediate commander removed the flag from his records.
6. There are no orders in his records that show he was promoted to SGT/E-5 subsequent to the removal of his flag.
7. On 27 July 2009, he was honorably retired by reason of temporary disability. His DD Form 214 shows he completed 6 years, 10 months, and 11 days of creditable active service. Items 4a (Grade, rate or Rank) and 4b (Pay Grade) show the entries "SPC" and "E-4" and item 12h (Effective Date of Pay Grade) shows the entry "2004 12 01."
8. The U.S. Army Human Resources Command, Alexandria, VA, publishes a monthly SGT/SSG by-name promotion selection list as well as the cut-off score to SGT and SSG for each MOS. The primary and secondary zone cut-off scores for MOS 63B for July 2009 are 708 and 745 points, respectively.
9. In a self-authored statement, dated 3 June 2010, the applicant states he was unaware of his flag and his unit was unable to produce a copy of this flag. His commander ultimately removed the flag, but by then his disability retirement paperwork had been started.
10. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for the promotion and reduction of enlisted Soldiers. It states that Soldiers who are pending referral to a Medical Evaluation Board or a PEB will not be denied promotion.
11. Title 10, U.S. Code, section 1372 states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Promotion is effective the date before placement on the retired list.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was recommended for promotion to SGT by a battalion promotion board. However, he was flagged from 5 March 2008 to 1 July 2009; hence he was in a non-promotable status. There is no indication he met the cut-off score during this period.
2. However, since he was in a promotable status and on a valid promotion list at the time of retirement for disability, he was entitled to retirement at the promotion list grade, effective the date before placement on the retired list. Therefore, he is entitled to correction of his DD Form 214 to reflect his correct grade and date of rank.
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:
* deleting from items 4a and 4b of his DD Form 214 the entries "SPC" and "E-4" and adding the entries "SGT" and "E-5," respectively
* deleting from item 12h of his DD Form 214 the entry "2004 12 01" and adding the entry "2009 07 26"
* showing he was placed on the temporary disability retired list in the rank and grade of SGT, E-5;
* paying him any back pay/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) AR20100015646
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015646
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100015805
He states: * he wasnt promoted in a timely manner due to administrative errors * he made cut-off promotion points score of 350 on 8 August 1999, 1 October 2007, and 1 January 2009 in MOS 92Y (Unit Supply Specialist) * his Enlisted Record Brief (ERB) shows his promotion points was 350 on 8 August 1999 * Installation Management Command (IMCOM) reviewed his records and didnt see any flags, adverse actions or a promotion bar 3. His service record does not indicate he was recommended for...
ARMY | BCMR | CY2012 | 20120011786
The applicant states due to administrative errors in her unit, she had problems maintaining her promotable status after beginning a medical evaluation board (MEB) when her Army Physical Fitness Test (APFT) expired under the new promotion system in June 2011. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction...
ARMY | BCMR | CY2013 | 20130011270
The applicant states, in effect: * he is a wounded warrior, serving at Walter Reed National Military Medical Center (WRNMMC) * he appeared before the SSG promotion board on 2 August 2012 and was recommended for promotion by the board with a total of 365 points * his points were inaccurately calculated, as the promotions clerk erroneously omitted 19 months of deployment service, equaling 38 points, and an additional 54 points from across other categories * after the August 2012 SSG promotion...
ARMY | BCMR | CY2014 | 20140016491
The applicant requests correction of his records to show he retired as a sergeant (SGT) in pay grade E-5. His record does not contain any documentation showing he was recommended for or promoted to SGT during his active duty service nor is there any record of NJP. In addition, he received a second flag effective 16 September 2013 for an adverse action which also made him ineligible for promotion consideration to SGT.
ARMY | BCMR | CY2009 | 20090002340
The applicant states that he was eligible for automatic promotion in September 2008; however, because he was in the Army overweight program from January 2008 to August 2008, his promotion was flagged. Paragraph 3-17 of Army Regulation 600-8-19 states, in pertinent part, that each month, Active Army Soldiers in all MOSs who have 46 months TIS (to become eligible for promotion at 48 months), 10 months TIG (to become eligible for promotion at 12 months), are otherwise not ineligible in...
ARMY | BCMR | CY2013 | 20130016992
The applicant states at the time of his application he was in the medical evaluation board (MEB) process. The applicant provides: * U.S. Army Physical Evaluation Board (PEB), Fort Sam Houston, TX Memorandum for the Department of Veterans Affairs (VA), dated 17 April 2013 * Human Resources Command (HRC) Memorandum for U.S. Army, Promotion Work Centers, dated 18 April 2013, subject: Department of the Army Promotion Point Cutoff Scores for 1 May 2013 and Junior Enlisted Issues for the Active...
ARMY | BCMR | CY2010 | 20100026588
c. a memorandum from the Deputy IG of the 81st Regional Support Command, Fort Jackson, SC, dated 7 September 2010, wherein the author states that after conducting a thorough inquiry and reviewing all the facts, and in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 5-27a(11-b), the applicant should have been removed from the PPRL when he received the Article 15 on 6 November 2007. It states in: a. Paragraph 5-2b, field-grade commanders of any unit...
ARMY | BCMR | CY2011 | 20110021671
Application for correction of military records (with supporting documents provided, if any). The applicant states that in May 2000, while undergoing Physical Disability Evaluation System (PDES) processing she maintained her promotion standing list status by submitting awards, civilian, and military education documents. The evidence of record confirms the applicant did not have a current APFT score in May 2002 and her promotion point total was adjusted to 396 points.
ARMY | BCMR | CY2015 | 20150003683
IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20150003683 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision in Docket Number AR20140009146 on 22 October 2014. While the evidence he provides does show he attended a promotion board and was on a promotion list, it still doesn't conclusively show he remained eligible on the date he contends he should have...
ARMY | BCMR | CY2013 | 20130013155
Title 10, U.S. Code, section 1372 (Grade on Retirement Physical Disability, Members of the Armed Forces), states that unless entitled to a higher retired grade under some other provision of law, any member of an Armed Force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the TDRL under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: * the grade or rank in which he is serving...