IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000087
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 his retirement orders to show his rank as sergeant (SGT) instead of specialist (SPC).
2. The applicant states he was promoted to SGT prior to being retired.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2008
* Orders 172-01, issued by the Warrior Transition Battalion, Womack Army Medical Center, Fort Bragg, NCO, dated 20 June 2008
* DA Form 4874 (Certificate of Promotion), dated 27 June 2008
* Order D349-07, issued by the U.S. Army Physical Disability Agency, Arlington, VA, dated 14 December 2012
CONSIDERATION OF EVIDENCE:
1. With prior inactive and active duty service, the applicant enlisted in the Regular Army on 18 May 2004. He served as a human resources specialist.
2. Orders 172-01, dated 20 June 2008, promoted him to SGT effective 27 June 2008. He provides a DA Form 4874 that shows he was promoted to SGT effective 27 June 2008.
3. On 27 June 2008, he was retired by reason of temporary disability in the rank of SGT and he was placed on the Temporary Disability Retired List (TDRL) on the following day. The DD Form 214 he was issued at the time shows his rank as SGT.
4. Order D349-07, dated 14 December 2012, removed him from the TDRL and placed him on the permanent Retired List effective the same date. These orders show his rank as SPC.
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant was promoted to SGT effective 27 June 2008, prior to his disability retirement. Therefore, it would be appropriate to correct his retirement orders, dated 14 December 2012, to reflect his rank as SGT.
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 amending his retirement orders to show he was retired in the rank of SGT.
_______ _ _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) AR20130000087
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