IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130003145
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/pay grade as staff sergeant (SSG)/E-6.
2. He states he was promoted from sergeant (SGT)/E-5 to SSG/E-6, but his DD Form 214 was signed before he received promotion orders.
3. The applicant provides his promotion orders and DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 5 October 2000, the applicant enlisted in the Regular Army.
2. Orders 286-0002 issued by the Vilseck Transition Center, Installation Management Command-Europe, dated 12 October 2012, released him from his assignment to the U.S. Army Medical Activity Bavaria, retired him for permanent disability effective 17 November 2012, and placed him on the Retired List effective 18 November 2012. The orders show his retired grade of rank as SGT.
3. He provides Order 303-001, issued by the U.S. Army Garrison Grafenwoehr, dated 29 October 2012. This order shows he was to be promoted to SSG/E-6 effective 16 November 2012. His first and last names are transposed on the order; however, the distribution list accurately shows the last five digits of his social security number and his unit.
4. On 17 November 2012, he was honorably retired by reason of permanent disability after completing 12 years, 1 month, and 13 days of net active service. His DD Form 214 shows his rank as "SGT" in item 4a (Grade, Rate, or Rank) and his grade as "E05" in item 4b (Pay Grade). The applicant and an authorized official digitally signed the DD Form 214 on 29 October 2012.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states that Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade per Title 10, U.S. Code, section 1372. Further, the Soldier will be promoted to the designated grade effective the day before placement on the Retired List.
DISCUSSION AND CONCLUSIONS:
1. The applicant retired and was placed on the Retired List in the rank/pay grade of SGT/E-5. However, he provides a promotion order showing he was promoted to SSG/E-6 effective 2 days prior to being placed on the Retired List. The promotion order is dated the same day he signed his DD Form 214. It appears the order was not available for review by the official who prepared his DD Form 214.
2. The promotion order he provides contains two errors that should be corrected at this time.
a. His first and last names were transposed on his promotion order. The order should be amended to correct this error.
b. Soldiers on a promotion list at the time of retirement for disability are to be promoted to the designated grade effective the day before placement on the Retired List. Accordingly, his promotion order should be amended to show the effective date of his promotion to SSG/E-6 as 17 November 2012.
3. It would be also be appropriate to correct Orders 286-0002 to show his retired grade of rank as SSG.
4. In addition to the corrections recommended above, his DD Form 214 should be amended to show his rank/pay grade as SSG/E-6 and to show the effective date of his pay grade as 17 November 2012.
5. He should receive any pay and allowances he is due as a result of these corrections.
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 is 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. amending Order 303-001 to show his first and last names as shown on his DD Form 214 and to show the effective date of his promotion to SSG as 17 November 2012,
b. amending Orders 286-0002 to show his retired grade of rank as SSG,
c. amending his DD Form 214 to show in:
* item 4a "SSG"
* item 4b "E-6"
* item 12i (Effective Date of Pay Grade) "2012 11 17"
d. paying him any pay and allowances due as a result of these corrections.
_______ _ _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) AR20130003145
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ABCMR Record of Proceedings (cont) AR20130003145
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