IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20120001061
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 rank and grade as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 January 2010 be changed to show sergeant (SGT)/pay grade E-5 instead of specialist (SPC)/pay grade E-4.
2. The applicant states he was a specialist promotable in military occupational specialty (MOS) 11C (Indirect Fire Infantryman) at the time of his separation.
3. The applicant provides his Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Regular Army on 19 October 2005. He completed training and was awarded MOS 11C. He served continuously until the date he was placed on the Temporary Disability Retired List (TDRL).
2. The applicant's proceedings for processing under the Physical Disability Evaluation System (PDES) show on DA Form 199 (Physical Evaluation Board (PEB) Proceedings) that the board found him physically unfit and recommended his placement on the TDRL.
3. Headquarters, U.S. Army Garrison Walter Reed Army Medical Center Orders 341-0135, dated 7 December 2009, released the applicant from assignment and duty because of disability and placed him on the TDRL with an effective date of retirement of 28 January 2010. These orders identify the applicant as a SPC in the standard name line. These orders show his retired grade of rank as SGT. The statute shown as authorizing retirement is Title 10, U.S. Code (USC), section 1202.
4. The applicant was retired on 27 January 2010 and placed on the TDRL on 28 January 2010. His DD Form 214 shows his rank as SPC and his pay grade as E-4. Item 18 (Remarks) of this form shows his retired list grade as SGT.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, then in effect, stated Soldiers who were pending referral to an MOS/medical retention board (MMRB) under Army Regulation 600-60 (Physical Performance Evaluation System), or referral to a medical evaluation board under Army Regulation 40-400 (Patient Administration), or physical evaluation board under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion. Per the provisions of Title 10, USC, section 1372, 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.
6. Title 10, USC, section 1372, states any member of an armed force whose name is placed on the TDRL under section 1202 or 1205 of this title is entitled to the permanent Regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and Orders 341-0135 releasing him from assignment and duty because of disability and placing him on the TDRL with an effective date of retirement of 28 January 2010 show his retirement grade of rank as SGT. Based on this information, it is reasonable to presume the applicant was in a promotable status on his date of separation.
2. According to Army Regulation 600-8-19 and Title 10, USC, section 1372 he should have been promoted to SGT the day before placement on the TDRL. Therefore, it would be appropriate to change his rank and grade on his DD Form 214 to show "SGT E-5" effective 27 January 2010.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by changing his DD Form 214 as show below:
* Item 4a (Grade, Rate or Rank) to read "SGT"
* Item 4b (Pay Grade) to read "E-5"
* Item 12h (Effective Date of Pay Grade) to read "20100127"
_______ _ _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) AR20120001061
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ABCMR Record of Proceedings (cont) AR20120001061
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