IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130000814
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 Army Military Human Resource Record (AMHRR) to show she was discharged in the rank/grade of staff sergeant (SSG)/E-6.
2. The applicant states she wants her promotion to SSG/E-6 reviewed and proven. She contends she was eligible for promotion prior to her discharge due to physical disability. She was in the Warrior Transition Unit (WTU). She further contends the WTU instructed the Delaware Army National Guard (DEARNG) to review her promotion and complete the forms in February or March 2012.
3. The applicant provides copies of:
* Memorandum from the Department of Veterans Affairs (VA) to the Army Physical Disability Agency, dated 23 February 2012, with enclosure Proposed Rating Action and Benefits Estimate Letter
* Memorandum from the Physical Evaluation Board Liaison Officer (PEBLO) to the applicant, dated 26 March 2012, with enclosure DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 22 March 2012
* DA Form 5892 (PEBLO Estimated Disability Compensation Worksheet), undated
* DD Form 214WS (Certificate of Release or Discharge from Active Duty) (Worksheet)) for period ending 27 May 2012
CONSIDERATION OF EVIDENCE:
1. With prior active and inactive service, on 2 October 2008, the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF).
2. Orders 358-504, issued by the DEARNG, dated 24 December 2009, promoted the applicant to sergeant (SGT)/E-5 effective and with a date of rank of the date of the orders.
2. A DA Form 199, dated 22 March 2012, reports that a PEB found the applicant physically unfit with a combined disability rating of 10 percent. The PEB recommended the applicant be separated with severance pay if otherwise qualified.
3. The applicant's AMHRR contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 May 2012 that shows:
a. on 2 October 2008, the applicant was ordered to active duty as a member of the DEARNG in support of OIF;
b. on 24 December 2009, she was promoted to SGT/E-5;
c. on 27 May 2012, she was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, severance pay, combat-related (enhanced) and authorized severance pay, combat related (enhanced); and
d. she completed 3 years, 7 months, and 26 days of net active service this period.
4. There is no evidence of record and the applicant did not provide any evidence that shows she was ever recommended for or promoted to SSG/E-6.
5. Army Regulation 15-185 (Army Board for Correction of Military Records), (ABCMR) paragraph 2-2 provides that ABCMR is not an investigative body. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Paragraph 2-9 provides that an applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her military records should be corrected to show she was discharged in the rank/grade of SSG/E-6.
2. The applicant argues she was eligible for promotion prior to her discharge and that the WTU instructed the DEARNG to review her promotion and complete the necessary forms. However, there is no evidence of record and she did not provide any documented evidence to support her contentions.
3. She states her promotion status should be reviewed and proven, implying that she wants this Board to investigate this issue. However, this Board is not an investigative body. It is the applicant's responsibility to provide all documentary evidence to prove an error or injustice.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130000814
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ABCMR Record of Proceedings (cont) AR20130000814
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