IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110013051
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 her retired rank/grade be changed from private (PV2)/E-2 to private first class (PFC)/E-3.
2. The applicant states at the time of retirement her DD Form 214 (Certificate of Release or Discharge from Active Duty) had to be corrected to show her rank as PV2/E-2 and there was a discussion indicating her retired rank could be PFC/
E-3; but it was never looked into.
3. The applicant provides no documentary evidence in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty in the Regular Army on 16 August 2007, and was trained in and awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).
2. The applicants Enlisted Record Brief shows the applicant was initially advanced to the rank of PV2/E-2, the highest rank she held while serving on active duty, on 16 February 2008. It further shows she was reduced to private (PV1)/E-1 on 20 May 2008.
3. The record contains a DA Form 4187 (Personnel Action), dated 18 August 2010, which shows the applicant was again advanced to PV2/E-2 on
20 September 2010.
4. Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, Louisiana Orders 260-0318, dated 17 September 2010, as amended by Orders 306-0313, dated 2 November 2010, authorized the applicant physical disability retirement on 23 October 2010 and placement on the Retired List on 24 October 2010 in the retired rank of PV2/E-2.
5. On 23 October 2010, the applicant was separated for retirement by reason of physical disability, permanent, after completing 3 years, 2 months, and 8 days of active military service. The DD Form 214 she was issued upon retirement, as amended by a DD Form 215 (Correction to DD Form 214), dated 27 January 2011, shows she was retired in the rank of PV2/E-2.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the Armys promotion policy. Paragraph 1-20 provides guidance on the promotion of Soldiers referred for medical evaluation. It states Soldiers will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion. It further states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list. This guidance also pertains to Active Army Soldiers who have reached the time-in-service requirements for the next level of automatic promotion (PV2 to specialist (SPC)). Chapter 2 contains guidance on decentralized promotion and paragraph 2-3c contains the eligibility criteria for automatic promotion to PV2, PFC, and SPC. It states requirements for promotion to PFC are 12 months time in service and
4 months time in grade. It further states any Soldier reduced must be fully qualified (without a waiver) for promotion to the next higher grade.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that her retired rank be changed to PFC/E-3 has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, members in the ranks of PV2, PFC, and SPC being retired by reason of physical disability will be retired in the rank they are eligible for at the time of separation for retirement. The regulation identifies the eligibility requirements for PFC/E-3 as 12 months time in service and 4 months time in grade. In this case, the applicant was last advanced to PV2/E-2 on
20 September 2010, and was separated for disability retirement on 23 October 2010. As result, given she had less than 4 months time in grade, she was not eligible for advancement to or placement on the Retired List in the rank of PFC/E-3.
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) AR20110013051
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013051
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010402
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade is private first class (PFC)/E-3. The DA Form 199 (PEB Proceedings) documenting the PEB proceedings shows her rank as "PFC." Orders 194-0904, issued by Headquarters, U.S. Army Signal Center of Excellence, Fort Gordon, dated 13 July 2011, released the applicant from assignment and duty because of physical disability with an effective date of retirement of 26...
ARMY | BCMR | CY2009 | 20090013401
The applicable regulation, in effect at the time, provided that the DD Form 214 would show the Soldier's rank and pay grade as they were at the time of separation. There is no evidence in the applicants records and the applicant did not provide any substantiating evidence that shows he was advanced to SPC/E-4 prior to his temporary disability retirement. Since advancement/promotion of enlisted personnel were announced in DA Forms 4187 (Personnel Action) in effect at the time, in the...
ARMY | BCMR | CY2011 | 20110020569
The applicant requests correction of his military records to show his retired rank as specialist (SPC), pay grade E-4. He was placed on the retired list effective 30 March 2009, in the rank of SPC, pay grade E-4. Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.
ARMY | BCMR | CY2013 | 20130001121
The applicant requests correction of his record to show he was retired in the rank/grade of sergeant (SGT)/E-5. A grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay. It states, in pertinent part, that any member of an armed force who is retired for physical disability is entitled to a grade equivalent to the highest of the following: the grade in which he is serving on the date when his name is placed on the...
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 | CY2011 | 20110020911
Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows: * PV1- 23 December 1988 * PV2- 22 August 1989 * PFC - no entry * SPC - 16 February 1990 7. With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989. Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is...
ARMY | BCMR | CY2013 | 20130008137
The applicant provides: * DD Form 214 * Military Personnel (MILPER) Message Number 13-106, dated 18 April 2013, subject: Enlisted Promotion Clarification for Soldiers in the Disability Evaluation System * Page 7 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) * Headquarters and Headquarters Company, Infantry Training Support Brigade, Fort Benning, GA, Recommended List for Promotion of Enlisted Personnel, dated 12 October 2011 CONSIDERATION OF EVIDENCE: 1. Headquarters, U.S....
ARMY | BCMR | CY2012 | 20120022965
The applicant provides: * Orders 262-0196 (retirement) and Orders 271-0100 (amendment) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Dismissal of charges memorandum and acknowledgement memorandum * Multiple DA Forms 4187 (Personnel Action) of absent without leave (AWOL), present for duty (PDY), and deletion of erroneous entries * Standard Form (SF) 600 (Chronological Record of Medical Care) * Department of Veterans Affairs (VA) Disability Evaluation System Proposed...
ARMY | BCMR | CY2009 | 20090015310
It indicates the applicant was still assigned as an AIT Soldier and was not MOS qualified due to not having taken the APFT for medical profile reasons. It states Soldiers pending referral to an MMRB, MEBD, or PEB will not be denied promotion if already promotable on the basis of medical disqualification if they are otherwise qualified for promotion. The evidence fails to show the applicant's medical processing was the sole basis for being denied promotion.
ARMY | BCMR | CY2011 | 20110001195
The evidence of record shows he was reduced to PVT/E-1 on 2 February 1998 as a result of NJP. At the time the DA Form 4187 was prepared the applicant's rank was PVT/E-1. As a result, the Board recommends denial of so much of the application that pertains to correcting item 14 of his DD Form 214 to show he successfully completed AIT and he was awarded MOS 92A or that he was discharged in the rank of PFC/E-3.