IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110016227
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 he be shown to have been promoted to sergeant first class (SFC) paygrade E-7.
2. The applicant states he was selected for promotion to SFC but his promotion was delayed due to the fact he was being processed for a medical separation. His discharge orders state that he was retired as a SFC but that did not happen.
3. The applicant provides copies of his DD Form 214, Enlisted Record Brief (ERB), and discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant, a career Regular Army Soldier, served on active duty from 31 May 1991 through 17 December 2010.
2. His ERB shows a promotion sequence number of 11 and a promotion selection date of 1 February 2010.
3. A 9 October 2010 Physical Evaluation Board (PEB) found the applicant physically unfit and recommended he be placed on the Temporary Disability Retired List (TDRL) at a 60 percent level.
4. The U.S. Army Maneuver Support Center of Excellence Orders 293-1302, dated 20 October 2010 released the applicant from active duty and placed him on the TDRL effective 17 December 2010. He was placed on the retired list effective 18 December 2010 in the retired rank of SFC.
5. His DD Form 214 shows he was separated on 17 December 2010 in the rank and grade of staff sergeant E-6.
6. 10 United States Code 1372 states in part that 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. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) implementing this change in law went into effect on 30 April 2010.
DISCUSSION AND CONCLUSIONS:
1. The applicant was on the promotion list for SFC at the time of his disability retirement determination.
2. In accordance with law he should have been promoted the day before being placed on the retired list not the day he was placed on the retired list.
3. Therefore, it is appropriate to corrected his records by issuing the applicant promotion orders to SFC, with an effective date and date of rank of 17 December 2010; correcting his DD Form 214 to show his rank and grade as SFC, E-7; and paying him any pay and allowances due.
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 issuing the applicant promotion orders to SFC, with an effective date and date of rank of 17 December 2010; correcting his DD Form 214 to show his rank and grade as SFC, E-7; and paying him any pay and allowances due.
_______ _ __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) AR20110016227
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ABCMR Record of Proceedings (cont) AR20110016227
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