BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110022224
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 correction of her military records to show her correct rank.
2. The applicant states that as a result of a DA Form 4187 (Personnel Action) she should have been promoted to specialist (SPC)/E-4 on 11 June 2011 based on time-in-service (TIS).
3. The applicant provides:
* DA Form 4187, dated 9 September 2009
* Enlisted Record Brief (ERB), prepared on 17 June 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 11 June 2009 for a period of 8 years.
2. She was ordered to active duty on 4 January 2011. Records show on
16 August 2011, she was found unfit for duty by a Physical Evaluation Board (PEB). On 26 August 2011, she was honorably discharged by reason of physical disability, severance pay, non-combat-related.
3. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in:
* Item 4a (Grade, Rate or Rank) the entry "PFC"
* Item 4b (Pay Grade) the entry "E03"
* Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009)
4. Her ERB shows the highest rank she attained was PFC on 11 June 2009.
5. A DA Form 4187, dated 10 August 2011, shows a recommendation for promotion to SPC/E-4 was recommended/approved on 9 September 2011.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) Authorize commanders to promote Soldiers to the grades SPC or corporal (CPL) and
below. It states for USAR Soldiers the DA Form 4187 or Standard Installation/
Division Personnel System (SIDPERS) Army Reserve Advancement Eligibility Status Roster are the official instruments used by commanders to recommend Soldiers for promotion to SPC and below. Promotion to SPC requires 24 months TIS and 6 months time-in-grade.
7. Paragraph 1-20 (Promotion of Soldiers pending referral to a Military Occupational Specialty Medical Retention Board, Medical Evaluation Board (MEB), or PEB) of Army Regulation 600-8-19 states:
a. Soldiers who are pending referral to an MEB or PEB will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion.
b. 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. This guidance also pertains to Active Army Soldiers who have reached the TIS requirements for the next level of automatic promotion (private (PV2) to SPC). The Deputy Chief of Staff, G-1 later clarified the portion of the regulation that mentions Active Army Soldiers by stating it pertains to all Soldiers regardless of component.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was honorably discharged on 26 August 2011 by reason of physical disability (severance pay, non-combat-related) in the rank of PFC.
2. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187 shows a recommendation/approval for promotion to SPC/E-4 effective 9 September 2011 after her discharge. In accordance with the governing regulation, it would be appropriate to correct items 4a, 4b, and 12i of her DD Form 214 to show she was promoted to SPC/E-4 effective 26 August 2011. In addition, her pay records should be corrected accordingly.
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 from item 4a of her DD Form 214 the current entry and replacing it with the entry "SPC"
b. deleting from item 4b of her DD Form 214 the current entry and replacing it with the entry "E-4";
c. deleting from item 12i of her DD Form 214 the current entry and replacing it with the entry "2011 08 26"; and
d. paying her any back pay and allowances due as a result of this correction.
_________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) AR20090010900
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