IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100017018
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 advancement to the rank/grade of first sergeant (1SG)/E-8 on the Retired List.
2. The applicant states he was told that when he retired he would be advanced on the Retired List to the rank/grade of 1SG/E-8. He states he was promoted to 1SG in 1987 and he held that rank until 2001. When he reentered the service he was told he would have to drop one rank and that he would get it back upon retirement. He has worked very hard for every stripe he held to include his 1SG stripes. He knows he earned it all over again in Iraq.
3. The applicant provides a copy of Orders 58-1-P, issued by Headquarters, 97th U.S. Army Reserve Command, Fort Meade, MD, dated 7 May 1987.
CONSIDERATION OF EVIDENCE:
1. The applicant was inducted into the Army of the United States on 13 September 1967 for 2 years. He completed his initial entry training and he was awarded military occupational specialty (MOS) 64A (Light Wheeled Vehicle) Operator. He served in the U.S. Army Pacific Command (USARPAC) for 1 year, 5 months, and 1 day. On 20 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his military service obligation.
2. On 10 December 1973, he reenlisted in the USAR. His personnel service record shows he continuously reenlisted.
3. On 7 May 1987, he was promoted to 1SG/E-8 by Orders 58-1-P, effective and with a date of rank of 7 May 1987.
4. On 23 June 1997, he was honorably discharged from the USAR. Orders
D-06-747137, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, shows his rank was master sergeant (MSG)/E-8 at the time of his discharge.
5. After a break in service, he enlisted in the USAR in pay grade E-7 on 13 July 2001 for 5 years in a troop program unit (TPU).
6. The applicant was ordered to active duty in support of Operation Iraqi Freedom and he served in-theater from 8 December 2004 to 20 December 2005.
7. The applicant's personnel service record is void of his Medical Evaluation Board (MEB) proceedings; however, his record contains a DD Form 199 (Physical Evaluation Board (PEB)) that shows a PEB found him physically unfit for continued service by reason of asthma, post traumatic stress disorder (due to combat and combat trauma while deployed to Iraq), degenerative arthritis in his right and left knees, and degenerative arthritis in his lower back.
8. The PEB recommended placement on the temporary disability retired list (TDRL) with a 70 percent (%) disability rating percentage. The applicant concurred with the PEB's findings and recommendation.
9. Accordingly, on 28 May 2008, the applicant was honorably retired by reason of temporary disability and placed on the TDRL the following day. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he completed 3 years, 7 months and 24 days of net active service this period. Item 4a (Grade, Rate or Rank) shows the entry "SFC" and item 4b (Pay Grade) the entry "E07." Item 18 (Remarks) shows the entry "RETIRED LIST GRADE SFC." His retirement orders, dated 9 April 2008, show his retired rank as SFC.
10. On 21 April 2010, a periodic PEB was convened and found that the applicant was physically unfit for the following conditions: asthma, post traumatic stress disorder due, degenerative arthritis of his right and left knees, and degenerative arthritis of his lower back. The PEB recommended placement on the permanent disability retired list with a combined rating of 70%. The applicant concurred with the PEB's findings and recommendation.
11. On 21 May 2010, a representative of the Secretary of the Army at the Physical Disability Agency approved the applicant's PEB.
12. On 24 May 2010, he was removed from the TDRL and he was placed on the Retired List.
13. There are no records to show the applicant's personnel service record was reviewed and a determination made by the Army Grade Determination Board.
14. Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) states an enlisted Soldier being processed for physical disability separation or disability retirement and not currently serving in the highest grade served will be referred to the AGDRB for a grade determination, unless the Soldier is entitled to a higher or equal grade by operation of law. Retirement normally will be in the regular or reserve grade the Soldier holds on the date of retirement. Noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as 1SG, will be placed on the Retired List in the grade of E-8 and title 1SG. The following are the only criteria for such placement on the Retired List:
* the Soldier must be serving in and retiring in the grade of MSG
* the Soldier must possess special qualification identifier M
* the Soldier must have served as 1SG in grade of E-8
* no minimum time period is specified
DISCUSSION AND CONCLUSIONS:
1. The applicant had honorable and faithful service in the Army of the United States and its Reserve components. His last period of service was with the USAR and, at the time of his disability retirement, he was serving on active duty in a mobilized status.
2. Based on the evidence of record, the highest grade the applicant satisfactorily held was that of 1SG/E-8 in the USAR from May 1987 through June 1997, a period of more than 10 years. Clearly, his highest grade satisfactorily held in the USAR for more than 6 months was 1SG/E-8.
3. The applicant's retired pay grade is currently E-7, but should be E-8 and his appropriate grade or rank should be as a 1SG based on his documented service as a 1SG.
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:
a. showing that he was retired on 28 May 2008 and placed on the TDRL on 29 May 2008 in the rank/grade of 1SG/E-8; and
b. paying him any back retired pay due as a result of these 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.
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