IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100021470 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 4a (Grade, Rate or Rank), and 4b (Pay Grade) be corrected to show he retired in the highest grade held.

2.  The applicant states he was medically retired on 19 August 2010.  His records should show he retired in the highest grade held, that of a first lieutenant (1LT).  

3.  The applicant provides his DD Form 214 and Orders 200-0027 (Retirement Orders).

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service on active duty and in the U.S. Army Reserve (USAR), the applicant's records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 9 June 1990.

2.  He served as a combat engineer officer in various troop program units in Puerto Rico and Panama and he was promoted in the USAR to 1LT on 30 May 1993.  He was honorably discharged from the USAR in the rank of 1LT on 17 November 1999.

3.  After a break in service, he enlisted in the Regular Army (RA) in the rank/grade of specialist (SPC)/E-4 on 15 September 2000.  He held military occupational specialty 42A (Human Resources Specialist) and he served through two 6-year reenlistments on 11 June 2004 and 17 December 2006.  

4.  His records also show he served in Iraq from November 2003 through October 2004 and July 2006 through September 2007.  He was promoted to staff sergeant (SSG)/E-6 on 1 February 2008.

5.  His records show he sustained a medical condition that warranted his entry into the physical disability evaluation system (PDES).  His records were considered by a medical evaluation board (MEB) that referred him to a physical evaluation board (PEB).  The PEB recommended placing him on the Temporary Disability Retired List (TDRL). 

6.  On 17 June 2010, an official at the U.S. Army Physical Disability Agency (USAPDA) determined that the highest rank in which the applicant has satisfactorily served for the purpose of computation of retirement pay is 1LT/O-2.

7.  On 19 July 2010, Joint Base Garrison, Joint Base Lewis-McChord (formerly Fort Lewis), WA, published Orders 200-0027, transferring him to the U.S. Army Transition Center on 19 August 2010 for the purpose of outprocessing and placing him on the retired list in his retired rank of 1LT effective 20 August 2010.  

8.  He was honorably retired on 19 August 2010 under the authority of Title 10, U.S. Code, section 1202, by reason of temporary disability.  The DD Form 214 he was issued shows he completed a total of 12 years and 27 days of active service and a total of 25 years and 25 days of service for pay.  Additionally: 

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) shows the entries SSG and E-6, respectively
* Item 18 (Remarks) shows the entry "Retired List Grade: 1LT"

9.  Title 10, U.S. Code, section 1372 (Grade on retirement of members of the Armed Forces for physical disability) states 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:  (1) the grade or rank in which he/she is serving on the date when his/her name is placed on the temporary disability retired list or, if his/her name was not carried on that list, on the date when he/she is retired; or (2)  the highest temporary grade or rank in which he/she served satisfactorily, as determined by the Secretary of the armed force from which he/she is retired; or (3)  the permanent regular or reserve grade to which he/she would have been promoted had it not been for the physical disability for which he/she is retired and which was found to exist as a result of a 
physical examination; or the temporary grade to which he/she would have been promoted had it not been for the physical disability for which he/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.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The active duty grade or rank and pay grade at the time of separation (emphasis added) is entered in items 4a and 4b.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a commissioned officer from 9 June 1990 (date of appointment) to 17 November 1999 (date of discharge from the USAR).  He held and satisfactorily served in the rank of 1LT during this period.

2.  Subsequent to his discharge from the USAR, he enlisted in the RA in September 2000 and he attained the rank/grade of SSG/E-6.  The evidence of record shows during this period of enlistment, he sustained a medical condition that led to his entry into the PDES.  He underwent an MEB that referred him to a PEB.  The PEB recommended his retirement by reason of temporary disability. 

3.  Having previously held and served in the rank/grade of 1LT/O-2, USAPDA officials determined this rank to be the highest grade or rank in which he served satisfactorily.  When his retirement orders were published, the orders correctly listed his retired grade as 1LT.  Since he did not hold a higher rank than 1LT, his retirement orders correctly listed his retired grade as 1LT.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  By regulation, this form lists the Soldier's active duty rank and pay grade at the time of separation.  The applicant's active duty rank and grade at the time he was retired was SSG/E-6, not 1LT/O-2.  His rank and grade are correctly shown on his DD Form 214.  Furthermore, the Remarks block of his DD Form 214 identified his retired grade as 1LT.

5.  In view of the foregoing, the applicant is not entitled to the requested relief.
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)                                         AR20100021470



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ABCMR Record of Proceedings (cont)                                         AR20100021470



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