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
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