IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100015976 


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 he held the rank/grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5 at the time of release from active duty.

2.  The applicant states he received promotion orders to the rank/grade of SSG/E-6 while he was assigned to the Warrior Transition Unit (WTU).  He further states the orders were sent from 2nd Brigade, 25th Infantry to Tripler Army Medical Center (TAMC) [Hawaii] on 15 August 2007.  He contends the orders were lost somewhere in transition.  He states he received his separation orders two days after he signed his DD Form 214 and he never had them corrected due to the fact he was discharged and he never cared about the money.  He attests he fought for 2 years to get back in the Army and finally succeeded on               30 December 2009.  He concludes his current brigade assured him the promotion orders would be honored if he gets his DD Form 214 corrected.

3.  The applicant provides copies of his DD Form 214 and promotion orders in support of this request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that following a period of service in the U.S. Navy from 5 November 1996 through 4 November 2000, he enlisted in the Regular Army on 21 June 2005.

2.  He was referred to the Physical Disability Evaluation System (PDES) and he was reassigned to the Warrior Transition Battalion located at Schofield Barracks, HI, while undergoing a Physical Evaluation Board (PEB).

3.  Orders 262-3 issued by Headquarters, 2nd Brigade, 25th Infantry Division, Schofield Barracks, HI, on 1 September 2007 show he was promoted from SGT/E-5 to SSG/E-6 with an effective date and date of rank of 1 September 2007.

4.  A DA Form 199 (PEB Proceedings), dated 5 October 2007, shows the PEB convened on 5 October 2007 and determined his medical condition rendered him unfit to perform the duties required of a Soldier of his rank and primary specialty.
As a result, the PEB assigned him a combined physical disability rating of 20 percent (%) and recommended his separation with severance pay.  Item 2 of this form shows his rank as SGT/E-5.

5.  Orders 303-0012, issued by Headquarters, TAMC, on 30 October 2007 show he was reassigned to the U.S. Army Transition Point for separation processing.  These orders also show he was to be discharged due to physical disability with entitlement to severance pay based upon the following factors:

* a disability rating of 20%
* rank/grade SGT/E-5
* 6 years, 4 months, and 26 day of service

6.  His DD Form 214 rendered for the period 21 June 2005 through 14 January 2008 shows he was honorably discharged due to disability with entitlement to severance pay and contains the following pertinent information:

* item 4a (Grade, Rate or Rank) shows "SGT"
* item 4b (Pay Grade) shows "E05" [E-5]
* item 12h (Effective Date of Pay Grade) shows "2007 09 01"
* item 18 (Remarks) shows his Disability Severance Pay as $37,690.80 based upon a disability percentage of 20%

7.  On 11 November 2009, his request for an accession waiver was approved for enlistment in the Hawaii Army National Guard (HIARNG).  On 30 December 2009, he enlisted in the HIARNG in the rank/grade of SGT/E-5 and is currently still serving.



8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides that Soldiers who are pending referral to a PEB will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion.  Additionally, per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  This regulation, in pertinent part, also stated the active duty rank and pay grade at the time of separation will be entered in Items 4a and 4b of the DD Form 214, respectively.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he held the rank/grade of SSG/E-6 at the time of discharge was carefully considered and determined to have merit.

2.  Official orders show he was promoted from SGT/E-5 to SSG/E-6 with an effective date and date of rank of 1 September 2007.

3.  A month later, his PEB proceedings were processed based upon his previous rank/grade of SGT/E-5.  As a result, his discharge orders were prepared and his disability severance pay was computed using the incorrect rank/grade of SGT/
E-5.

4.  His record is void of any orders or other documentation showing he was ever reduced in rank/grade during his period of service.

5.  In view of the foregoing, his DD Form 214 should be corrected accordingly.

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 applicant's DD Form 214 corrected by:

	a.  deleting from item 4a the entry "SGT" and replacing it with the entry "SSG";

	b.  deleting from item 4b the entry "E05"  and replacing it with the entry "E06";

	c.  correcting Orders 303-001, dated 30 October 2007, to show he was discharged in the rank/grade of SSG/E-6; and

	d.  auditing his pay records to determine if he is due any difference in active duty pay and allowances between pay grades E-5 and E-6 for the period             1 September 2007 through 14 January 2008 or if he is due any disability severance pay based upon pay grade E-6 and paying him the difference in what he received and what he is entitled to based upon the above corrections.




      ___________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)                                         AR20100015976



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ABCMR Record of Proceedings (cont)                                         AR20100015976



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