IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130015613
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
23. On 28 August 2013, new information was received from the U.S. Army Physical Disability Agency (USAPDA), Arlington, VA, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019167, dated 11 July 2013.
24. The evidence submitted consists of an email from the USAPDA Operations Officer who stated:
a. Originally the applicant was discharged from the Army with entitlement to severance pay and he initially applied to the Physical Disability Board of Review (PDBR) which issued a recommendation that was adopted by the ABCMR to place him on the Temporary Disability Retired List (TDRL) for 6 months and then separate him for disability with entitlement to severance pay at the rate of 20 percent (20%).
b. However, as a result of a court-ordered settlement agreement, known as the Sabo Settlement Agreement, dated 12 August 2011, the applicant was provided with the opportunity to use either the court-ordered percentage of disability (his Department of Veterans Affairs rating which was 50%) or the approved PDBR finding (which is 60%). He elected the settlement agreement which necessitated the USAPDA to revoke Orders 322-17, dated 18 November 2010, and permanently retire the applicant.
c. The USAPDA implemented the decision on 18 June 2012 by revoking Orders D322-17, dated 18 November 2010, issued by USAPDA, and issuing Orders 170-25 on 18 June 2012 removing him from the TDRL effective 1 September 2008 and permanently retiring him in the rank/grade of staff sergeant (SSG)/E-6
25. The ABCMR's decision in Docket Number AR20120019167 determined that the applicant previously served satisfactorily in the rank/grade of first lieutenant (1LT)/O-2 and that by law, he is entitled to retire in the highest grade or rate in which he satisfactorily served as determined by the Secretary of the Army.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20120019167, dated 11 July 2013, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
7. Since the Board previously determined that the applicant was entitled to retired in the rank/grade of 1LT/)O-2, Orders 170-25 issued by the USAPDA on 18 June 2012 should be amended to show he was permanently retired by reason of physical disability on 2 September 2008 (the date after his removal from the TDRL) in the rank/grade of 1LT/O-2 with entitlement to pay and allowances as a result of this correction.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20120019167, dated 11 July 2013 to further correct the applicants records by:
* amending Orders 170-25, issued by the USAPDA on 18 June 2012, to permanently retire him by reason of physical disability on 2 September 2008 in the rank/grade of 1LT/O-2
*
paying him any additional monies he may be due as a result of this correction
_________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) AR20130015613
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20130015613
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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