BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130011315
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 record to show promotion to the rank of staff sergeant/pay grade E-6.
2. The applicant states he was on the promotion list at the time he was released from active duty and placed on the Temporary Disability Retired List (TDRL); however, he should have been promoted when he was placed on the TDRL. Due to the government shutdown, the civilian personnel processing his separation missed the provision of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20c.
3. The applicant provides copies of:
* an excerpt from Army Regulation 600-8-19
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* separation orders
* Enlisted Record Brief
* two DA Forms 31 (Request and Authorization for Leave)
* three DA Forms 3349 (Physical Profile)
* DA Form 7652 (Physical Disability Evaluation System Commander's Performance and Functional Statement)
* Medical Evaluation Board (MEB)
* Physical Evaluation Board (PEB)
CONSIDERATION OF EVIDENCE
1. The applicant enlisted in the Regular Army on 3 March 2000 and served in military occupational specialties 14S (Avenger Crewmember) and 92W (Water Treatment Specialist).
2. His service included two tours in Iraq and one in Kuwait.
3. The applicant was afforded medical evaluations and referrals through the MEB/PEB process. He concurred with the findings that he was unfit for duty based on the diagnoses of:
* post traumatic stress disorder (PTSD)
* migraine headaches
* osteoarthritis of the left knee
* left ankle bone spur with post-surgical scarring
* bilateral hallus valgus (flat feet) with post-surgical bunionectomy scarring
4. The PEB recommended he be placed on the TDRL with a 70 percent disability rating.
5. The DA Form 7652 reports and a review of the U.S. Army Human Resources Command Fiscal Year 2013 (FY13) Promotion Selection Board results confirm the applicant was on the centralized or semi-centralized promotion list.
6. U.S. Army Installation Management Command Orders 059-1304, dated 28 February 2013, show the applicant retired effective 20 May 2013 and he was placed on the retired list effective 21 May 2013 in the rank of sergeant.
7. The applicant's DD Form 214 shows he was retired by reason of Temporary (Enhanced) Disability in the rank of sergeant/pay grade E-5. He had completed 13 years, 2 months, and 18 days of creditable service with no lost time.
8. Army Regulation 600-8-19, paragraph 120 states:
a. Soldiers who are pending referral to an MOS Medical Retention Board (MMRB) under Army Regulation 60060 or referral to an MEB under Army Regulation 40400 or PEB under Army Regulation 63540 will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion.
b. Per the provisions of 10 USC 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 was on the FY13 promotion list for staff sergeant/E-6 at the time he was retired.
2. In accordance with the regulation in effect at the time the applicant should have been promoted to the higher rank effective the day before he was retired, 19 May 2013.
3. Therefore, it would be appropriate to promote the applicant to staff sergeant/ E-6 with a date of rank and effective date of rank of 19 May 2013 and correct his DD Form 214 to reflect this promotion. His retirement orders should also be amended.
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:
a. promoting the applicant to staff sergeant/E-6 with a date of rank and effective date of rank of 19 May 2013;
b. amending U.S. Army Installation Management Command Orders
059-1304, dated 28 February 2013, to show he was retired in the rank and grade of staff sergeant/E-6 and placed on the retired list in that rank and grade; and
c. correcting his DD Form 214 to show the above rank and pay grade.
_______ _ 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.
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