IN THE CASE OF: 

		BOARD DATE:	  28 AUGUST 2014

		DOCKET NUMBER:  AR20130022143 


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, in effect, correction of her records to show her disability retirement rank/grade as staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5.  

2.  The applicant states:

* upon her enlistment in the Regular Army (RA), her prior U.S. Marine Corps SGT date of rank (DOR) was not calculated as "20030301 minus 
10 months"
* upon reaching her unit, the 14th Engineer Battalion, she tried repeatedly to fix the error so she could attend the Warrior Leader Course (WLC)
* she was unable to attend the WLC due to her DOR being 20070809 instead of 20040114
* she was told she was not senior enough [and] could not fix DJHS (unknown acronym) screen 2008/11/04
* she moved to the Warrior Transition Battalion (WTB) upon checking in and she notified the unit S-1, who fixed her information on 20090930
* the command submitted an exception to policy waiver as the date of integration on the list was 20090910
* this should have resulted in advancement either by going to the WLC (before being assigned to the WTB), WLC waiver while assigned to the WTB, or WLC waiver due to medical board 
* the DA Form 4187 (Personnel Action) clearly requested an exception to policy since her DOR was erroneously calculated
* due to the miscalculation of her DOR she was not integrated on the promotion list and therefore not promotable 
* she should have been promotable and she should have been given a waiver due to being assigned to the WTB 

3.  The applicant provides:

* DA Form 4187, request for exception to policy
* Enlisted Record Brief
* DD Form 4 (Enlistment/Reenlistment Document) 
* Personnel Network (PERNET) Printout
* Web verification of transactions being processed
* DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)
* Extract of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA in the rank/grade of SGT/E-5 on 9 August 2007.  She was trained in and held military occupational specialty 92F (Petroleum Supply Specialist). 

2.  Her Enlisted Record Brief shows she was initially assigned to the 14th Engineer Battalion at Fort Lewis, WA but she was transferred to the WTB in January 2009. 

3.  It appears she entered the Army Physical Disability Evaluation System at some stage.  A physical evaluation board (PEB) convened and found her medical condition(s) prevented her from performing the duties required of her grade and specialty and that she was physically unfit. 

4.  She was rated and granted a 30-percent combined disability rating.  The PEB appears to have recommended permanent retirement. 

5.  Headquarters, Joint Base Garrison, Joint Base Lewis-McChord, WA, Orders 136-0027, dated 16 May 2011, retired her effective 24 July 2011, due to permanent disability, and placed her on the Retired List, effective 25 July 2011, in the rank of SGT.

6.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably retired by reason of physical disability on 24 July 2011 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4.  She completed 3 years, 
11 months, and 16 days of creditable active service and she had 8 years and 
1 day of prior active service.  Her DD Form 214 also shows in:

* item 4a (Grade, Rate, or Rank) – SGT
* item 4b (Pay Grade) – E-5
* item 12i (Effective Date of Pay Grade) – 2004-01-19

7.  She provides: 

	a.  DA Form 4187, dated 17 May 2011, initiated by the Commander, Warrior Transition Command, Fort Lewis, through the Director, G-1 Plans and Resources Directorate, Joint Base Lewis-McChord, to the U.S. Army Human Resources Command (HRC), requesting an exception to policy to integrate the applicant on the promotion list.  He stated the applicant was a prior service member and upon enlistment in the RA her dates were miscalculated which made her ineligible to be integrated on the list.  He recommended placing her in a promotable status as of 10 September 2009. 

	b.  Enlisted Record Brief, dated 6 April 2011, reflecting the date initially entered active duty as 21 September 1998, her basic active service date as 8 August 1999, and her DOR (to SGT) as 19 January 2004. 

	c.  PERNET printouts reflecting her DOR (to SGT) as 19 January 2004. 

	d.  Multiple web printouts confirming certain transactions pertaining to her grade and DOR had processed successfully. 

	e.  DA Form 1506, dated 30 September 2008, that shows she served in the U.S. Marine Corps (Delayed Entry Program) from 5 March to 20 September 1998.  She then served in the U.S. Marine Corps (active) from 21 September 1998 to 21 September 2006.  She had a break in service from 22 September 2006 to the date of enlistment in the RA. 

8.  An advisory opinion was received from HRC Junior Enlisted Promotions Section.  HRC recommended disapproval and stated a review of the applicant's available records indicate she did not complete the WLC or obtain a waiver in accordance with Army Regulation 600-8-19, chapter 1, paragraph 1-27(a)(1).  A Warrior Leader Course waiver was not processed and is not on file at the Military Schools Branch.  Completion of the WLC is a requirement to be promotable to the rank of SSG.  The applicant contends that she could not report to the WLC due to her incorrect DOR.  However, the DOR is not a determining factor in attending the WLC.  

9.  The applicant was furnished a copy of the advisory opinion; however, she did not respond. 

10.  Army Regulation 600-8-19 provides for the promotion and reduction of enlisted Soldiers.  Paragraph 1-20(c) states that under the provisions of Title 10, U.S. Code (USC), section 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.

11.  Title 10, USC, section 1372 (Grade on Retirement Physical Disability, Members of the Armed Forces), states that unless entitled to a higher retired grade under some other provision of law, any member of an Armed Force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the Temporary Disability Retired List (TDRL) under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:

* the grade or rank in which he is serving on the date when his name is placed on the TDRL or, if his name was not carried on that list, on the date when he is retired
* the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the Armed Force from which he is retired
* the permanent Regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination
* the temporary grade to which he would have been promoted had it not been for the physical disability for which he 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

12.  Army Regulation 600-8-19 provides for the promotion and reduction of enlisted Soldiers.  

	a.  Paragraph 1-20(c) states per the provisions of Title 10, USC, section 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.

	b.  Paragraph 1-27 (Noncommissioned Officer Education System requirement for promotion and conditional promotion) states a Soldier must be a WLC graduate or equivalent for recommendation to SSG.  Sub-paragraph 1-27d states: 

		(1)  Soldiers deployed or assigned to Warrior transition units (WTUs) (Medical Hold or Medical Hold-Over Units) whose medical condition was incurred in direct support of global war on terrorism operations and who are otherwise eligible for recommendation may be recommended and promoted to SSG without the WLC with a waiver.  The waiver approval authorities are the Commander, HRC.  HRC may further delegate this waiver approval authority, in writing, to colonel (COL) level division chiefs under their respective control.  Soldiers subsequently integrated on to the SSG list or selected and promoted to SSG, with a waiver, must complete the WLC within 270 days of their redeployment or release (to duty) from the WTU.  Failure to successfully complete the WLC within 270 days of redeployment or release from the WTU will result in administrative reduction to SGT (if applicable) or removal from the SSG list, unless the timeframe is extended by the Deputy Chief of Staff, G-1. 

		(2)  Promotion instrument will include the following statement: "Soldier is promoted contingent on completing the WLC.  If the Soldier fails to successfully complete, fails to remain eligible for, is denied enrollment in, or does not attend his/her scheduled WLC class (through fault of the Soldier) within 270 days of redeployment or release from the WTU, as applicable, then the Soldier will be administratively reduced and must re-compete for promotion."  As an exception to the 270 day rule, Soldiers assigned to a WTU (previously granted WLC waivers) promoted to SSG (contingent on completion of WLC) who are unable to attend the WLC solely on the basis of medical disqualification and are subsequently medically retired or separated will not be administratively reduced for failure to attend WLC.  The G-1 is the approval authority for all exceptions to the established policy and all subsequent extensions of previously approved waivers.

13.  Army Regulation 350-1 (Army Training and Leader Development) states Soldiers who qualify for WLC are placed on an order of merit list by the unit commander in five priorities.  Second priority is for sergeants who are non-WLC graduates.  DOR is not a listed requirement in any of the priorities.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, having previously served in the U.S. Marine Corps, enlisted in the RA on 9 August 2007 in the rank of SGT.  It is unknown why her DOR was not adjusted or corrected.  More importantly, however, it is unknown why the DOR was or is relevant in her attendance at WLC. 

2.  Her disability documents are not available for review.  As such, the onset of her medical conditions is unknown.  However, given that she did not transfer to the WTB until January 2009, it appears she had plenty of time to attend WLC prior to her assignment to the WTB or prior to having her WTB commander submit a waiver request.  

3.  Since she did not attend WLC and was never awarded a waiver, she was never integrated on the promotion list.  Since she was not a promotable SGT, she is not entitled to be retired at the higher grade. 

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)                                         AR20130022143



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ABCMR Record of Proceedings (cont)                                         AR20130022143



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