IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110008675
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, he be placed on the Retired List as a staff sergeant (SSG)/E-6.
2. The applicant states:
* On 25 June 2010, he was charged under the Uniform Code of Military Justice (UCMJ), Article 15, which resulted in a reduction in grade from E-6 to sergeant (SGT)/E-5
* The punishment was unjust and unreasonable based on the charges, his performance, and Army background
* There was no corrective action taken and his unit never recognized his illness which eventually led to him being hospitalized and medically retired
* He held the grade of E-6 since 2007 and performed duties at and above the pay grade successfully
* He received distinguished honor graduate honors
* He was chosen over his peers as a colt platoon sergeant
* He was selected to become a drill sergeant by the selection board
* He has a history of superior and exceptional performance
* He was placed into a position of higher grade and performed lucratively at the position (platoon sergeant)
* The Army Grade Determination Review Board (AGDRB) decided against disability retirement at the highest grade held of E-6
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* Three Noncommissioned Officer Evaluation Reports (NCOERs)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 19 March 1981. He enlisted in the Regular Army on 6 July 2000 and remained on active duty through continuous reenlistments. He was promoted to SSG/E-6 effective 1 August 2007.
2. His NCOERs for the period January 2003 to May 2009 show he was rated "Among the Best" for overall potential for promotion and/or service in positions of greater responsibility by his rater and he was rated "Successful" by his senior rater for his overall performance.
3. Records show on 25 June 2010 nonjudicial punishment (NJP) was imposed against him for missing formation. He was reduced to sergeant (SGT)/E-5.
4. The AGDRB memorandum, dated 1 April 2011, states:
a. on 31 March 2011, the AGDRB convened.
b. after a thorough review of the applicant's Official Military Personnel File and Physical Evaluation Board Proceedings (which included two Article 15 actions while in the grade of E-6, dated 25 June 2010 and 14 July 2010), the highest grade in which the applicant served satisfactorily for the purpose of computation of disability retirement or separation pay is his grade at the time of disability separation or disability retirement.
5. He was released from active duty on 4 July 2011 and placed on the Temporary Disability Retired List (TDRL) the following day in the rank of
SGT/E-5.
6. Title 10, U. S. Code, section 1372(2) states that any member of an armed force who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
7. Army Regulation 15-80 establishes policies, procedures and responsibilities of the AGDRB. It provides that, normally, service in a grade will not be considered to have been satisfactory when reversion to a lower grade was caused by NJP pursuant to UCMJ, Article 15.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests he be placed on the retired list as a SSG/E-6.
2. Evidence of record shows he was promoted to SSG/E-6 in 2007 and he was reduced in rank to SGT/E-5 as a result of NJP in 2010. Statutory and regulatory guidance is that service in a grade will not be considered to have been satisfactory when reversion to a lower grade was caused by NJP. There is insufficient evidence that would warrant overturning that guidance in the applicant's case.
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) AR20110008675
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ABCMR Record of Proceedings (cont) AR20110008675
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