IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130013648
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 items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2012 to show his rank/pay grade as master sergeant (MSG)/E-8.
2. The applicant states his retirement orders were published, but then were amended.
3. The applicant provides amended orders, dated 4 April 2012.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army and inactive service in the Army National Guard, he entered active duty in an Active Guard Reserve status on 1 March 1999. He was promoted to sergeant first class (SFC)/E-7 on 22 December 1998. On 26 April 2012, he retired by reason of permanent disability.
2. His DD Form 214 for the period ending 26 April 2012 shows in:
* item 4a "SFC"
* item 4b "E07"
* item 12i (Effective Date of Pay Grade) "1998 12 22 [22 December 1998]"
* item 18 (Remarks) "RETIRED LIST GRADE MSG"
3. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, Orders 349-0250, dated 15 December 2011, show his rank as SFC in the standard name line and the entry "Retired grade of rank: SFC."
4. There is no evidence of record showing he was promoted to MSG/E-8 or held the rank/pay grade of MSG/E-8 prior to his retirement.
5. There is also no evidence of record which shows he was in a promotable status prior to his retirement.
6. He provided U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, Orders 095-0250, dated 4 April 2012, showing his rank as SFC in the standard name line and amending
Orders 349-0250, dated 15 December 2011, to read: "RETIRED GRADE OF RANK: MSG."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated to enter the active duty grade of rank and pay grade at the time of separation in items 4a and 4b.
8. Title 10, U.S. Code, section 1372, states any member of an Armed Force who is retired for physical disability under section 1201 of this title is entitled to the grade equivalent to the highest of the following:
a. the grade of rank in which he/she is serving on the date when he/she is retired;
b. the highest temporary grade or rank in which he/she served satisfactorily, as determined by the Secretary of the Armed Force from which he/she is retired;
c. the permanent Regular or Reserve grade to which he/she would have been promoted had it not been for the physical disability for which he/she is retired and which was found to exist as a result of a physical examination; or
d. the temporary grade to which he/she would have been promoted had it not been for the physical disability for which he/she is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held the rank/pay grade of SFC/E-7 at the time of his retirement on 26 April 2012. On 27 April 2012, he was placed on the Retired List in the rank/pay grade of MSG/E-8.
2. There is no evidence of record and he provides no evidence showing he held the rank/pay grade of MSG/E-8 prior to his retirement. Although not available from the available records it appears his retired grade of rank was changed to MSG because was in a promotable status when he retired.
3. In the absence of evidence showing he was placed on the Retired List in the rank/pay grade of MSG/E-8 because he had previously held that rank/pay grade, it appears his DD Form 214 correctly shows he retired in the rank/pay grade of SFC/E-7 on 26 April 2012.
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 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) AR20130013648
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ABCMR Record of Proceedings (cont) AR20130013648
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