BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140003532
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 records to show he retired in the rank of master sergeant (MSG)/E-8 instead of sergeant first class (SFC)/E-7.
2. The applicant states he was promoted to MSG effective 3 September 2013. On 19 November 2013 his separation orders were amended to show his rank as SFC. This was an error that has been acknowledged by the Adjutant General, Wisconsin Army National Guard (WIARNG).
3. The applicant provides a 4 February 2014 WIARNG memorandum, Subject: Retirement Status.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the WIARNG, from active duty, due to permanent disability, effective 21 November 2013, in the rank of SFC. Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) states in part: "RETIRED LIST GRADE MSG." Items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) show SFC, E07, and
2004 02 01, respectively. A DD Form 215 (Correction to DD Form 214), dated 19 November 2013, shows his retired list grade was changed to show the rank of SFC.
2. There is no evidence in his records showing he was promoted to MSG.
3. In support of his request the applicant provides a memorandum from The Adjutant General, WIARNG, dated 4 February 2014, which stated, in part:
a. Upon a comprehensive review of the events leading to the applicant's retirement to include his concurrent assessment by a Medical Evaluation Board (MEB) and the Enlisted Active Service Management Board (ASMB), a procedural error was discovered. This resulted in removing him from the promotion list and subsequently, the Fort Knox Transition Center amended his separation documents to reflect the retired rank of SFC.
b. Based on the available information and regulatory guidance, it was determined that in accordance with Army Regulation 135-178 (Enlisted Separations), paragraph 1-9a, the applicant's separation through medical channels took precedence over his selection for release from the Active Guard Reserve (AGR) Program by the ASMB, an administrative separation process. As such, the U.S. Army Garrison Command, Fort Knox, Orders 246-0158, published on 3 September 2013 identifying his retired rank of MSG was correct and should not have been amended to reflect the retired rank of SFC.
4. In the processing of this case an advisory opinion was obtained from the Deputy Personnel Policy Division, National Guard Bureau. The advisory official restates the information contained in the 4 February 2014 WIARNG memorandum and further states the ARNG Enlisted Policy Branch concurs with the recommendation in this memorandum. The applicant's rank of MSG was correct and should not have been amended to show the retired rank of SFC.
5. A copy of the advisory opinion was provided to the applicant for information and to allow him to submit comments or a rebuttal. A response was not received.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show he retired in the rank of MSG instead of SFC.
2. The available evidence shows his rank was erroneously changed from MSG to SFC.
3. In view of the above his request should be granted.
4. In addition, items 4a, 4b, and 12i of his DD Form 214 should be changed to show MSG, E08, and 2013 11 21, respectively.
BOARD VOTE:
___X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by:
* revoking the DD Form 215, dated 19 November 2013, and restoring his retired rank to MSG
* paying him any resulting back retired pay
* amending his DD Form 214 to show "MSG" in item 4a, E08 in item
4b, and in item 12i 2013 11 21
__________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) AR20100013481
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ABCMR Record of Proceedings (cont) AR20140003532
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