Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110018445
Original file (20110018445.txt) Auto-classification: Approved

	
		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110018445 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as staff sergeant (SSG)/E-6.

2.  The applicant states:

* At the time of separation he was on the promotion standing list for SSG
* According to Title 10 U.S. Code 1212 Soldiers who are on the promotion standing list at the time of medical separation with entitlement to severance pay will be paid compensation at the promotion list grade and will be promoted to that grade effective the separation date
* This transaction was not completed

3.  The applicant provides:

* Memorandum, dated 22 August 2011, from the Commanding Officer of the U.S. Army Medical Department Activity, West Point, NY
* Recommended list for promotion of enlisted personnel to pay grade E-6 primary zone, dated 1 November 2010
* Orders, dated 22 November 2010 and 10 September 2010 






CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 29 May 2002.  He served as a cavalry scout and fire support specialist.  He was promoted to SGT effective 1 May 2006.  

2.  Discharge orders, dated 10 September 2010, show he was discharged from the RA effective 8 December 2010 in the rank of SGT.

3.  He provided a recommended list for promotion of enlisted personnel to pay grade E-6 (primary zone), dated 1 November 2010, that lists his name.

4.  On 8 December 2010, he was honorably discharged for disability, severance pay.  

5.  His DD Form 214 shows in:

* Item 4a (Grade, Rate or Rank) the entry "SGT" [sergeant]
* Item 4b (Pay Grade) the entry "E05"
* Item 12h (Effective Date of Pay Grade) the entry "2006 05 01" [1 May 2006]

6.  He provided a memorandum, dated 22 August 2011, from the Commanding Officer of the U.S. Army Medical Department Activity, West Point, NY.  This memorandum states:

* The applicant was on the standing promotion list when he was released from active duty
* Due to an administrative error and in accordance with paragraph 1-20d of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) and Title 10 U.S. Code 1212, he should have been promoted to SSG effective the day of his release from active duty (8 December 2010)
* Once the error was brought to the attention of the Promotions Branch at the West Point Military Personnel Division, orders were published and a certificate of promotion was issued    

7.  Paragraph 1-20d (Promotion of Soldiers pending referral to a Military Occupational Specialty Medical Retention Board, Medical Evaluation Board, or Physical Evaluation Board) of Army Regulation 600-8-19 states per the provisions of 10 USC 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the Soldier's separation date. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his rank should be corrected from SGT/E-5 to SSG/E-6 on his DD Form 214 has merit.

2.  The evidence shows his name was on the standing promotion list to pay grade E-6 on 1 November 2010.  The following month, on 8 December 2010, he was honorably discharged by reason of physical disability (severance pay) in the rank of SGT/E-5.

3.  The governing regulation states:

* Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade
* The Soldier will be promoted to the designated grade effective the Soldier's separation date

4.  Based on the foregoing, it would be appropriate to correct items 4a, 4b, and 12h of his DD Form 214 to show he was discharged in the rank of SSG/E-6 effective 8 December 2010.  In addition, his discharge orders should be corrected to show his rank as SSG/E-6.

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 the entry "SGT" from item 4a of his DD Form 214 and adding the entry "SSG"; 

	b.  deleting the entry "E05" from item 4b of his DD Form 214 and adding the entry "E06"; 

	c.  deleting the entry from item 12h of his DD Form 214 and adding the entry "2010 12 08"; and

	d.  correcting his discharge orders to show his rank as SSG/E-6. 



      _______ _  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)                                         AR20110018445





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018445



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140006780

    Original file (20140006780.txt) Auto-classification: Approved

    Orders Number 309-0124, dated 5 November 2013, which show he was reassigned to the U.S. Army transition point, effective 28 January 2014, due to being discharged with a: * percentage of disability of 10% * disability severance pay in pay grade E05 based on 7 years, 5 months, and 8 days of service b. a memorandum, dated 21 November 2013, Subject: [the applicant's] promotion to SSG, which stated that the applicant's command: (1) acknowledged that he was currently promotable in accordance with...

  • ARMY | BCMR | CY2010 | 20100015976

    Original file (20100015976.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 12 January 2011 DOCKET NUMBER: AR20100015976 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides copies of his DD Form 214 and promotion orders in support of this request. His DD Form 214 rendered for the period 21 June 2005 through 14 January 2008 shows he was honorably discharged due to disability with entitlement to severance pay and contains the following pertinent information: * item 4a (Grade, Rate or Rank) shows "SGT" * item 4b (Pay...

  • ARMY | BCMR | CY2014 | 20140018080

    Original file (20140018080.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 7 July 2015 DOCKET NUMBER: AR20140018080 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20f, states per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Based on the foregoing evidence, his records...

  • ARMY | BCMR | CY2010 | 20100009438

    Original file (20100009438.txt) Auto-classification: Denied

    Records show the applicant was promoted to SGT effective 1 October 2005. The applicant's separation orders consistently show his rank as SGT and that he was placed on Retired List in the grade of rank of SGT/E-5. A thorough review of the applicant's military service records shows that his DD Form 214 is the only document that shows the rank/pay grade of SSG/E-6.

  • ARMY | BCMR | CY2011 | 20110023060

    Original file (20110023060.txt) Auto-classification: Approved

    The applicant provides: * Enlisted Record Brief (ERB), dated 7 June 2009 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 27 August 2009 * Orders 261-1314, dated 18 September 2009 * DA Form 199, dated 29 April 2011 * Orders D126-06, dated 6 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 currently shows he was retired due to temporary...

  • ARMY | BCMR | CY2013 | 20130008774

    Original file (20130008774.txt) Auto-classification: Approved

    He was discharged on 31 January 2013 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of physical disability with severance pay. Paragraph 1-20(d) of the version published on 30 April 2010 states that under the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such...

  • ARMY | BCMR | CY2012 | 20120020216

    Original file (20120020216.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His records are void of documentation that shows: * a DA Form 3349 (Physical Profile) identifying the physical limitations imposed on him after he was wounded in Iraq * he attended and completed WLC * he was repeatedly denied attendance at WLC * he appeared before a semi-centralized promotion board (usually conducted at battalion level) * a board recommended him for promotion to the rank/grade of...

  • ARMY | BCMR | CY2014 | 20140003115

    Original file (20140003115.txt) Auto-classification: Approved

    The applicant provided a document titled, "Recommended List for Promotion of Enlisted Personnel," dated 10 March 2013, that lists his name as a promotable SGT. Finally, the applicant's retirement or release from assignment order should be amended to show he was placed on the retired list in the rank and grade of SSG/E-6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * promoting him to SSG/E6 effective 28 March 2013...

  • ARMY | BCMR | CY2010 | 20100015646

    Original file (20100015646.txt) Auto-classification: Approved

    The applicant's records show he enlisted in the Regular Army (RA) on 17 September 2002 and he held military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic). The evidence of record shows he was recommended for promotion to SGT by a battalion promotion board. However, since he was in a promotable status and on a valid promotion list at the time of retirement for disability, he was entitled to retirement at the promotion list grade, effective the date before placement on the...

  • ARMY | BCMR | CY2011 | 20110006597

    Original file (20110006597.txt) Auto-classification: Approved

    Soldiers being medically separated from the military are promoted on their last day in the military. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). Title 10, U.S. Code, section 1212 states upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to...