IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140003168
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 that he be paid the retirement pay of a staff sergeant (SSG) E-6 instead of sergeant (SGT) E-5.
2. The applicant states that he was promoted to the rank and pay grade of SSG E-6 on his last day in the Army and he is receiving retired pay as an E-5 instead of E-6.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), promotion, and retirement orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 1 February 2006 for a period of 8 years, training as a petroleum supply specialist, and a $20,000 enlistment bonus. He completed his training and was returned to his USAR unit. He was promoted to the rank of SGT E-5 on 28 April 2009.
2. The applicant was ordered to active duty on 17 June 2010 in support of Operation Iraqi Freedom and deployed to Iraq during the period 20100821 20110210.
3. On 24 September 2013, he was retired in the rank of SSG under the provisions of Army Regulation 635-40, chapter 4, due to disability, Permanent (Enhanced). He had served 3 years, 3 months, and 8 days of active service during his deployment and was assigned a 40% disability rating.
4. On 24 September 2009, he was also promoted to the rank of SSG under the provisions of Title 10, U.S. Code, section 1372, which provides that Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.
5. Information received from the Defense Finance and Accounting Service indicates that while the applicant was retired in the rank of SSG E-6, his retired pay rate is based on the highest 3 years of pay and in the applicants case, the highest 3 years of service were the applicants last 3 years as a SGT.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid as a SSG instead of a SGT has been noted and appears to lack merit.
2. The applicant was advanced to the retired list in the pay grade of E-6 based on his promotion list standing at the time of his retirement for disability and his retired pay was calculated based on his highest 3 years of pay, which were his last 3 years of service as an E-5.
3. Accordingly, it appears that he is being properly paid in the pay grade of E-5 and there is no evidence to suggest that there is an error or injustice to correct in his case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140003168
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003168
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004089
The applicant states: * he held the rank/grade of SFC/E-7 when he was discharged from active duty * he enlisted in the Mississippi Army National Guard (MSARNG) approximately 2 years later in the rank/grade of sergeant (SGT)/E-5 because there were no E-7 positions available * he was promoted to the rank/grade of SSG/E-6 in the MSARNG * he was always told he would retire in the highest rank successfully held * he retired on 24 December 2013 and his retirement orders show his rank/grade as...
ARMY | BCMR | CY2013 | 20130003145
IN THE CASE OF: BOARD DATE: 22 October 2013 DOCKET NUMBER: AR20130003145 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides his promotion orders and DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Order 303-001 to show his first and last names as shown on his DD Form 214 and to show the effective date of his promotion to SSG as 17 November 2012, b. amending Orders 286-0002 to...
ARMY | BCMR | CY2012 | 20120009402
Orders Number 059-0008, issued by Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, on 28 February 2012, showed his rank/grade as SGT/E-5 and directed: * he be released from assignment and active duty because of physical disability incurred while entitled to basic pay under conditions that permitted his placement on the Temporary Disability Retired List (TDRL) * his effective date of retirement was listed as 24 April 2012 * he was to be placed on the retired list on 25...
ARMY | BCMR | CY2014 | 20140010952
On the following date, he was placed on the retired list in the rank/pay grade of SGT/E-5. Orders were published that show the applicant retired from active duty on 31 January 2014 and he was placed on the retired list in the rank of SGT/E-5 on 1 February 2014. Accordingly, his service in the rank of SSG/E-6 should be determined to have been unsatisfactory.
ARMY | BCMR | CY2014 | 20140018865
Application for correction of military records (with supporting documents provided, if any). On 4 August 2014, the Army Grade Determination Review Board convened under the provisions of Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations). d. 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...
ARMY | BCMR | CY2013 | 20130008774
He was discharged on 31 January 2013 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of physical disability with severance pay. Paragraph 1-20(d) of the version published on 30 April 2010 states that under the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such...
ARMY | BCMR | CY2011 | 20110023060
The applicant provides: * Enlisted Record Brief (ERB), dated 7 June 2009 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 27 August 2009 * Orders 261-1314, dated 18 September 2009 * DA Form 199, dated 29 April 2011 * Orders D126-06, dated 6 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 currently shows he was retired due to temporary...
ARMY | BCMR | CY2011 | 20110006597
Soldiers being medically separated from the military are promoted on their last day in the military. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). Title 10, U.S. Code, section 1212 states upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to...
ARMY | BCMR | CY2010 | 20100013481
On 12 September 2007, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P09-791175 retiring the applicant and placing him on the Retired List in his retired rank/grade of SGT/E-5 effective 23 July 2007, the date he turned age 60, in accordance with Title 10, U.S. Code, section 12731. In the applicant's case, the evidence of record shows he was promoted to SSG/E-6 on 12 April 1971 and held that grade until his honorable discharge on 25 March 1974. As a result, the Board...
ARMY | BCMR | CY2014 | 20140010603
Orders D063-37, issued by the U.S. Army Physical Disability Agency, dated 4 March 2010, removed the applicant from the TDRL and permanently retired her in the rank/grade of SGT/E-5 effective 4 March 2010 with a 60 percent combined disability rating. The NGB Retirements Branch concurs with this recommendation to correct her retirement rank/grade from SGT/E-5 to SSG/E-6 and authorize all back pay and allowances based on the correct effective date of rank. As a result, the Board recommends...