BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100018295
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 that he was placed on the Retired List in the rank of corporal instead of specialist.
2. The applicant states he served in the U.S. Navy in the rank of petty officer third class which is the equivalent of an Army corporal.
3. The applicant provides his two DD Forms 214 (Certificate of Release or Discharge from Active Duty), the orders removing him from the Temporary Disability Retired List (TDRL) and permanently retiring him, and a document showing he was entitled to wear the uniform of a third class petty officer.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Navy Reserve and served on active duty from 20 February 1991 to 19 January 1997. He was released from active duty in the rank of petty officer third class/pay grade E-4.
2. He enlisted in the Regular Army on 5 May 2003 and was honorably released from active duty on 16 September 2005 and placed on the TDRL the following day. His DD Form 214 shows him as a specialist/pay grade E-4.
3. On 5 June 2009, the applicant was removed from the TDRL and permanently retired due to physical unfitness. He was placed on the Retired List in the rank of specialist/pay grade E-4.
4. Army Regulation 635-5 (Separation Documents) states that a Soldier is separated from active duty in the rank held on the date of separation.
5. Title 10, U.S. Code, section 1372, 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:
a. the grade or rank in which he or she is serving on the date when his or her name is placed on the TDRL or, if his or her name was not carried on that list, on the date when he or she is retired;
b. the highest temporary grade or rank in which he or she served satisfactorily, as determined by the Secretary of the armed force from which he or she is retired;
c. the permanent Regular or Reserve grade to which he or she would have been promoted had it not been for the physical disability for which he or she is retired and which was found to exist as a result of a physical examination; or
d. the temporary grade to which he or she would have been promoted had it not been for the physical disability for which he or she is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
6. The Army has two ranks for pay grade E-4, specialist and corporal. A corporal is a noncommissioned officer while a specialist is not. The Navy only has one rank for pay grade E-4 which is chief petty officer third class.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his rank be changed, not his grade.
2. The highest grade the applicant served on active duty was pay grade E-4.
3. Contrary to the applicant's contention, petty officer third class is not the equivalent to corporal. Since the Army has two ranks for pay grade E-4 and the Navy has only has one rank for pay grade E-4, it cannot be said that chief petty officer third class is the direct equivalent of either Army rank.
4. Since petty officer third class cannot be said to be the equivalent of a corporal, the applicant was properly placed on the Retired List in the rank of specialist/pay grade E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20100018295
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018295
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002194
The applicant requests correction of her record to show she was retired as a sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. Her DD Form 214 currently shows she was retired due to temporary disability in the rank/pay grade of SPC/E-4 with an effective date of promotion of 22 October 2003. In view of the foregoing, the applicant is entitled to correction to her DD Form 214 to show she was promoted to SGT/E-5 with an effective date and date of rank of 10 November 2008.
ARMY | BCMR | CY2009 | 20090007368
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. His records show he was advanced to pay PFC, pay grade E-3, on 1 April 2005. The evidence shows he was placed on the TDRL in the rank and pay grade of PFC, E-3.
ARMY | BCMR | CY2013 | 20130006284
The applicant requests correction of his record to show he was promoted and subsequently retired in the rank/grade of staff sergeant (SSG)/E-6. He provides a memorandum, dated 14 November 2008, that indicates: * a promotion board convened on 14 November 2008 to review records and interview personnel for promotion to SGT and SSG * he was recommended for promotion to SSG in MOS 11B * the list of Soldiers recommended for promotion, including the applicant's name, be integrated into the...
ARMY | BCMR | CY2006 | 20060003618C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2006 DOCKET NUMBER: AR20060003618 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations), paragraph 3-1 states, in the case of Enlisted Soldiers, the Army Grade Determination Board will determine the highest grade...
ARMY | BCMR | CY2012 | 20120019408
The applicant's record is void of any evidence showing he was ever promoted to the rank/grade of SP4/E-4 at any time during his service. _______ _ _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) AR20120019408 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110023964
The applicant requests correction of his records to show he was promoted to the rank/grade of sergeant (SGT)/E-5 and placed on the Temporary Disability Retired List (TDRL) in the rank/grade of SGT/E-5 instead of specialist (SPC)/E-4. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Physical Disability Evaluation System (PDES) pocket guide * extract of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) * Headquarters, 3rd Army,...
ARMY | BCMR | CY2013 | 20130016000
Title 10, U.S. Code, section 1372, states any member of the Armed Forces who is retired for physical disability or whose name is placed on the TDRL, is entitled to the grade equivalent to the highest of the following: a. the grade in which he/she is serving on the date when his/her name was placed on the TDRL or on the date when retired; b. the highest temporary grade in which he/she served satisfactorily; c. the permanent regular grade to which he/she would have been promoted had it not...
ARMY | BCMR | CY2011 | 20110023060
The applicant provides: * Enlisted Record Brief (ERB), dated 7 June 2009 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 27 August 2009 * Orders 261-1314, dated 18 September 2009 * DA Form 199, dated 29 April 2011 * Orders D126-06, dated 6 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 currently shows he was retired due to temporary...
ARMY | BCMR | CY2011 | 20110009541
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant's record is void of any evidence and he did not provide any evidence showing he appeared before a board for consideration of promotion to the rank/grade of SGT/E-5 at any time during his service or that he was in a promotable...
ARMY | BCMR | CY2002 | 2002078537C070215
These orders also authorized the applicant the retired rank and pay grade of SP6/E-6. It states, in effect, that upon a determination by the Secretary concerned a member who is determined to be unfit to perform the duties of their office, grade, rank, or rating because of a temporary physical disability incurred while on active duty may be placed on the TDRL and receive retired pay. The evidence of record confirms that the applicant was promoted to SFC/E-7 on 11 September 1968, during a...