BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140000718
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 he retired in the rank/grade of master sergeant (MSG)/E-8.
2. The applicant states he was promoted to MSG effective 28 October 2013.
3. The applicant provides his promotion orders dated 31 October 2013, his discharge orders dated 10 October 2013, and his retirement orders dated 24 September 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 5 February 1980. He was promoted to sergeant first class (SFC)/E-7 effective 29 October 2010.
2. Orders 283-008, issued by the Hawaii ARNG (HIARNG) on 10 October 2013, show he was to be honorably discharged from the ARNG and placed on the Permanent Disability Retired List (PDRL), effective 29 October 2013 in the rank of SFC. On 31 October 2013, these orders were amended to show his rank as MSG and his effective date as 28 October 2013.
3. Orders 304-004, issued by the HIARNG on 31 October 2013, show he was promoted to MSG effective 28 October 2013.
4. His NGB Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG and placed on the PDRL on 28 October 2013, in the rank of MSG.
5. Orders D267-18, issued by the U.S. Army Physical Disability Agency, Arlington, VA on 24 September 2013, placed him on the permanent Retired List by reason of permanent physical disability (60%), in the rank of SFC, on
29 October 2013.
6. On 16 July 2014, in the processing of this case, an advisory opinion was obtained from the Deputy, Personnel Policy Division, National Guard Bureau (NGB). The advisory official recommended approval of the applicant's request by stating:
a. The applicant was medically retired from the ARNG. Within a one month period he received numerous orders pertaining to his retirement effective date, retirement grade, and disability.
b. There is no evidence in the case file to show he was not eligible for promotion. According the Military Personnel Message Number 13-106, Soldiers pending a medical retention decision or medical separation will not be removed from a promotion list until promoted or until after being determined fit for duty and afforded 180 days to retain promotion eligibility. He did not receive another order amending his promotion to MSG; therefore, he should retain his retired grade as MSG/E-8.
c. The applicant was promoted to the rank of MSG and retired effective one day prior to being placed on the retired disability list. This follows the guidelines set by the provisions of Title 10, U.S. Code, 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."
d. The Enlisted Policy Branch at NGB concurs with this recommendation.
7. On 17 July 2014, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was promoted to MSG effective 28 October 2013. There is no evidence of record that shows he was not eligible for promotion.
2. He was medically retired from the ARNG on 29 October 2013, in the rank of SFC.
3. In accordance with Title 10, U.S. Code, section 1372, he was promoted to the rank of MSG and retired effective one day prior to being placed on the retired disability list. Therefore, it would be appropriate to correct Orders D267-18, dated 24 September 2013, to show his retired grade of rank as MSG/E-8.
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 amending Orders D267-18, issued by the U.S. Army Physical Disability Agency on 24 September 2013, to show his retired grade of rank as MSG/E-8.
_______ _ 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) AR20140000718
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