IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130004662
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 records be corrected to show promotion to sergeant the day before he was medically retired.
2. The applicant states he was promoted to sergeant the day before he was medically retired.
3. The applicant provides a copy of Kaiserslautern Transition Center Orders Number 044-001 and a return envelope to the Defense Finance and Accounting Service (DFAS).
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty from 14 June 2006 through 5 April 2012.
2. Kaiserslautern Transition Center Orders Number 027-0006, dated 27 January 2012, show the applicant was to be retired for disability as a specialist (E-4) with no transition leave or permissive temporary duty. His effective date of retirement was 5 April 2012 and the date placed on retirement list as 06 April 2012.
3. Kaiserslautern Transition Center Orders Number 037-0003, dated 6 February 2012, amended the retirement orders to show he was authorized 15 days transition leave and 30 days permissive temporary duty.
4. United States Army Garrison, Kaiserslautern Unit 23152 Orders Number 041-001, dated 10 February 2012, promoted the applicant to sergeant (E-5) effective 5 April 2012.
5. Kaiserslautern Transition Center Orders Number 044-0001, dated 13 February 2012, amended his retirement orders to show retirement as a sergeant (E-5).
6. His DD Form 214 shows his rank and grade as sergeant (E-5).
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20 (effective 14 May 2010), states per the provisions of Title 10 U.S. Code 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's promotion orders promoted him to sergeant effective the same date he was retired, 5 April 2012, with placement on the retired list effective the following date.
2. Regulations state the date of promotion in such cases is the day before a Soldier is placed on the retired list. This is what occurred and the applicant has provided no evidence that an earlier date is warranted.
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) AR20130004662
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130004662
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070011985C080213
Headquarters, Walter Reed Army Medical Center Orders 044-0009, dated 13 February 2007, show his rank as Master Sergeant and that he was placed on the retired list effective 16 February 2007 in the rank and grade of Master Sergeant, E-8. The evidence shows that the applicant was on a promotion list prior to his release from active duty on 15 February 2007 and his placement on the TDRL effective 16 February 2007. As a result, the Board recommends that the State Army National Guard records...
ARMY | BCMR | CY2013 | 20130003145
IN THE CASE OF: BOARD DATE: 22 October 2013 DOCKET NUMBER: AR20130003145 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides his promotion orders and DD Form 214. 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...
ARMY | BCMR | CY2014 | 20140006746
He was retired on 25 September 2012, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(1), by reason of permanent disability. The evidence of record shows he was a promotable SFC as of 4 February 2011. Army Regulation 600-8-19, paragraph 1-20a, states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.
ARMY | BCMR | CY2014 | 20140010818
The applicant states she was promotable at the time she was medically retired; therefore, she should have been retired as a SGT vice SPC. The applicant provides: * her DD Form 214 for the period ending 26 November 2008 * her Enlisted Record Brief (ERB), dated 13 August 2008 * Orders Number D240-10, issued by the U.S. Army Physical Disability Agency (USAPDA) on 28 August 2013 * a memorandum from the USAPDA, dated 28 August 2013 * her Medical Protection System (MEDPROS)-Individual Medical...
ARMY | BCMR | CY2012 | 20120005005
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant retired on 27 January 2005. As such, his DD Form 214 correctly listed his rank/grade of SSG/E-6 and his retirement orders correctly retired him in the higher grade.
ARMY | BCMR | CY2010 | 20100015375
On 31 March 2009, the South Carolina ARNG published Permanent Orders 090-001 releasing him from his active ARNG assignment effective 30 July 2009 and placing him on the State Retired List in the rank/grade of SSG/E-6 effective 31 July 2009. His retirement orders list his rank/grade as a SGT/E-5. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by: * amending Orders 099-0903, issued by Headquarters, U.S. Army Garrison, Fort...
ARMY | BCMR | CY2011 | 20110024573
Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20c, states that, per the provisions of Title 10, U. S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. The evidence of record confirms the applicant was on a promotion recommended list as of 2007 at the time her disability was discovered and should have been retained on that list while undergoing medical processing....
ARMY | BCMR | CY2013 | 20130011270
The applicant states, in effect: * he is a wounded warrior, serving at Walter Reed National Military Medical Center (WRNMMC) * he appeared before the SSG promotion board on 2 August 2012 and was recommended for promotion by the board with a total of 365 points * his points were inaccurately calculated, as the promotions clerk erroneously omitted 19 months of deployment service, equaling 38 points, and an additional 54 points from across other categories * after the August 2012 SSG promotion...
ARMY | BCMR | CY2012 | 20120011786
The applicant states due to administrative errors in her unit, she had problems maintaining her promotable status after beginning a medical evaluation board (MEB) when her Army Physical Fitness Test (APFT) expired under the new promotion system in June 2011. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction...
ARMY | BCMR | CY2014 | 20140014947
IN THE CASE OF: BOARD DATE: 9 April 2015 DOCKET NUMBER: AR20140014947 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides and his record contains a DD Form 214 which shows he was retired in the rank/grade of SPC/E-4 due to permanent disability on 19 November 2013. Evidence shows the applicant's effective date of pay grade to SPC/E-4 was 1 November 2006.