BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130006709 


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:

	a.  his date of rank (DOR) for sergeant (SGT) be backdated to December 2009; and

	b. he be medically retired in the rank of staff sergeant (SSG).  

2.  The applicant states, in effect:

	a.  he was a few days away from pinning on the rank of SGT in December 2009.  He sought counseling/help for his stress as a result of his combat encounters in Iraq.  He was deployed on Christmas the year prior, and it was known that if he disagreed with the pending Article 15 he would not go home for Christmas.

	b.  he was later diagnosed with severe post-traumatic stress disorder (PTSD) as a result of his deployments.

	c.  he was pending an Article 15 because a SGT was picking on him, and shoved him and ripped his wet weather pants pocket.  He was distraught and this occurred on a bus at a firing range.  The SGT sat in the back of the bus and he asked the SGT if he was going to pay to fix the rip as the SGT was getting off the bus.  He felt threatened because the SGT had assaulted him earlier.  He blacked out and was told he kicked the SGT off the bus.  He was also told by his platoon SGT he was not going to be in trouble because he felt threatened.  A few days later, he was demoted to private first class (PFC).

	d.  he received the promotion paperwork certificate for SGT and it was posted all over the internet.  The company also illegally displayed his Article 15 in the company with his name and social security number.  The barracks was not patrolled or staffed for safety, so anyone could have stolen his identity.

	e.  he believes the injustice is that he was seeking help for his combat stress prior to this event and he is diagnosed with PTSD.  He believes he deserves to have his rank posted for December 2009 as SGT and he should have been medically retired as a SSG.  

	f.  he was one of the Soldiers who fell through the cracks after a 15-month deployment in Iraq.  He should not have been punished nor should he have been given a decision to take the company grade Article 15 and go home for Christmas or disagree and miss Christmas with his sick dad and the rest of his family in order to win the case. 

3.  The applicant provides:

* Promotion orders, dated 24 November 2009
* Enlisted Record Brief
* Disability Evaluation System Proposed Rating decision, dated 4 August 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 November 2005 and trained as a military police.  He served in Iraq from 16 February 2007 to 12 May 2008 and he served in Afghanistan from 28 January to 23 May 2010.  

2.  He provides orders, dated 24 November 2009, which show he was promoted from SPC to SGT effective 1 December 2009.  These orders state the promotion is not valid and this order will be revoked if he is not in a promotable status on the effective date of promotion.

3.  The available records do not contain an Article 15.

4.  His DD Form 214 shows his DOR for SGT is 1 May 2011. 

5.  On 1 September 2011, a Physical Evaluation Board (PEB) found him unfit due to PTSD, right hand injury, amputation of right third finger, lumbar strain, and right ankle instability. 

6.  On 26 January 2012, he was retired in the rank of SGT and placed on the Temporary Disability Retired List (TDRL) the following day.  

7.  There is no evidence which shows he was promoted to or recommended for promotion to SSG prior to retirement on 26 January 2012.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deserves to have his date of rank for SGT posted as December 2009 and he provides promotion orders for SGT with an effective date of 1 December 2009.  He points out that he was a few days away from pinning on the rank of SGT in December 2009, but as a result of a company grade Article 15 for kicking a SGT off a bus, he was demoted to PFC prior to his promotion effective date.

2.  He contends he was seeking help for combat stress prior to this event (Article 15) and he has been diagnosed with PTSD.  However, there is no evidence that shows he was having mental problems in 2009 that interfered with his ability to perform his military duties or that this was the underlying cause for the misconduct that led to his demotion to PFC. 

3.  The evidence shows his first deployment to Iraq was during the period 2007/2008, it appears his company grade Article 15 occurred in late November 2009, and his second deployment to Afghanistan was in 2010.  In September 2011, a PEB found him unfit due to PTSD and other medical conditions. 

4.  The evidence shows he was promoted to SGT effective 1 May 2011 and he was properly placed on the TDRL in the rank of SGT.  Therefore, there is insufficient evidence on which to base granting his request to amend his DOR for SGT.  

5.  He contends he should have been medically retired as a SSG.  However, since there is no evidence and he provided no evidence which shows he was promoted to or recommended for promotion to SSG prior to his retirement on 
26 January 2012, there is insufficient evidence on which to base granting this request.



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)                                         AR20130006709



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ABCMR Record of Proceedings (cont)                                         AR20130006709



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