IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029628
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 his rank/grade as sergeant (SGT)/E-5.
2. The applicant states that a mistake was made because the change in his promotion occurred around the same time that he retired from the Army for temporary disability.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 September 2005. He served as an 88M (Motor Transport Operator) and he was honorably retired on 19 February 2010 due to temporary disability and placed on the Temporary Disability Retired List on 20 February 2010.
2. The applicant's DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) the entry SPC
* item 4b (Pay Grade) the entry E-4
* item 12i (Record of Service - Effective Date of Pay Grade) the entry "2007 09 21"
* item 18 (remarks) the entry "Retired List Grade SGT"
3. The applicant's DD Form 214 shows this form was electronically signed on
20 January 2010; however, he was not retired until 19 February 2010.
4. His interactive Personnel Electronic Records Management System (iPERMS) file contains a corrected copy of Orders 014-0851, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Knox, KY, dated 14 January 2010, that promoted the applicant to SGT/E-5 effective and with a date of rank of 19 February 2010. A copy of these orders will be provided to the applicant with these Proceedings.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides that Soldiers on a promotion list who are entitled to disability severance or retirement pay will be paid such at the promotion list grade. Such a Soldier will be promoted effective the day before placement on the retired list.
6. 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 applicant's request for correction of his DD Form 214 to show his rank/grade as SGT/E5 has been carefully considered and is found to have merit.
2. The applicant was properly promoted and both law and regulation provide that Soldiers who are retired from the Army because of disability will be promoted effective the day before separation. Therefore, he is entitled to correction of his DD Form 214 to show his rank/grade as SGT/E-5, effective and with a date of rank of 19 February 2010.
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. deleting from item 4a and b of his DD Form 214 the entry "SPC and E-4" and replacing them with the entry "SGT and E-5," respectively; and
b. deleting from item 12i of his DD Form 214 the entry "2007 09 21" and replacing it with the entry "2010 02 19."
_______ _ 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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