BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140004385
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 was promoted to sergeant first class (SFC)/pay grade E-7.
2. The applicant states that in 2011 a Medical Evaluation Board (MEB) found him unfit for continued military service. While he was out-processing and on transition leave, the Fiscal Year 2012 (FY12) Sergeant First Class (SFC) Promotion Selection Board (PSB) selected him for promotion to SFC with sequence number 156. He contacted the Military Personnel Division at Fort Hood, TX and asked to have his separation paperwork corrected; however, they would not do anything to correct it. He also attempted to reenter the Army since the FY12 SFC PSB found him qualified for service in the next higher grade. He adds that he is not looking for anything other than to have his records reflect that his rank/grade was that of SFC/E-7.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a 1-page extract of the FY12 SFC Considered/ Selected (N-R (Not Recommended)) list.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 12 August 1997. He was awarded military occupational specialty 42A (Human Resources Specialist). Through a series of reenlistments, he continued to serve in the RA. He was promoted to the rank of staff sergeant (SSG)/pay grade E-6 on 1 July 2007.
2. A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows an informal PEB convened on 14 November 2011 to evaluate his lumbar degenerative disc disease and left lower extremity numbness (lateral foot and ankle). His lumbar degenerative disc disease was found unfitting with a recommended rating of 10 percent. The PEB recommended separation with severance pay and the applicant concurred with the PEB findings. The PEB proceedings were approved for the Secretary of the Army on 2 December 2011.
3. Headquarters, III Corps, Fort Hood, TX, Orders 340-0275, dated 6 December 2011, discharged him from the RA effective 1 March 2012.
4. His DD Form 214 shows he was honorably discharged from the Army on 1 March 2012 after completing 14 years, 6 months, and 20 days of total active service. It also shows in
* item 4a (Grade, Rate or Rank): SSG
* item 4b (Pay Grade): E06
* item 12i (Record of Service Effective Date of Pay Grade): 1 July 2007
* item 18 (Remarks), in part, Disability Severance Pay -- $103,230.00
5. A review of his military personnel records failed to reveal any evidence that he was selected for or promoted to SFC/E-7.
6. In support of his application he provides a 1-page extract of the FY12 SFC Considered/Selected (N-R) list that shows he was selected for promotion and assigned sequence number 00156.
7. A U.S. Army Human Resources Command, Fort Knox, KY, memorandum, dated 14 March 2012, subject: Promotion List to SFC, shows the Department of the Army, FY12 SFC PSB convened on 24 January 2012 to consider eligible Soldiers for promotion to SFC. It also shows the board recessed on 2 March 2012 and that the board's recommendations were approved by the Director of Military Personnel Management on 8 March 2012. A review of the Promotion Considered/Selected List revealed the applicant was selected for promotion and assigned sequence number 00156.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 1 (Introduction), paragraph 1-20 (Promotion of Soldiers pending referral to a Military Occupational Specialty Medical Retention Board, MEB, or PEB), shows that per the provisions of Title 10, U.S. Code, section 1212 (Disability severance pay), Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the Soldier's separation date.
DISCUSSION AND CONCLUSIONS:
1. Record shows the applicant was honorably discharged from the RA in the rank SSG, on 1 March 2012, based on physical disability.
2. The evidence of record shows he was being considered for promotion by the FY12 SFC PSB at the time of his discharge. It also shows the board recessed on 2 March 2012 and that the board's recommendations were approved on 8 March 2012. Thus, the applicant had not been selected for promotion to SFC when he was discharged from the Army on 1 March 2012.
3. In view of all of the foregoing, he is not entitled to the requested relief.
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) AR20140004385
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