IN THE CASE OF:  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140006746 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 4a (Grade, Rate, or Rank) - the rank of sergeant first class (SFC) instead of staff sergeant (SSG)
* Item 4b (Pay Grade) - pay grade E-7 instead of E-6
* Item 12i (Effective Date of Pay Grade) – 25 September 2012 instead of 5 September 2007

2.  The applicant states Orders Number 181-001, dated 29 June 2012, placed him on the Retired List in the rank of SFC with a date of rank (DOR) of 25 September 2012.  His DD Form 214 shows SSG/E-6 with a DOR of 5 September 2007.

3.  The applicant provides copies of Orders Number 181-001 and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on 20 July 1999.  He was awarded military occupational specialty 11B (infantryman). He was promoted to pay grade E-6 on 5 September 2007.

2.  He was ordered to active duty in support of Operation Enduring Freedom and he entered active duty on 17 April 2010.  He served in Kosovo from 6 July 2010 through 17 July 2011.

3.  A PRARNG, Joint Forces Headquarters, SFC Enlisted Promotion Board FY11 listing, dated 4 February 2011, shows he was selected for promotion to SFC.

4.  A DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), for the period 18 July 2011 through 17 July 2012, shows in:

* Part I (Administrative Data) – his rank as SSG with a DOR of 5 September 2007
* Part IV (Army Values/Attributes/Skills/Actions) – he was referred to a Medical Evaluation Board (MEB) due to physical disabilities
* Part IV (Values/NCO Responsibilities) – he was unable to accomplish his MOS to the fullest capacity, performed admirably in most duties while awaiting MEB decision and assigned to the Medical Management Activity, and he was unable to take the Army Physical Fitness Test during the rating period due to medical condition

5.  A Request for Retention memorandum, dated 17 March 2011, wherein the Primary Care Manager, PRARNG, requested medical retention beyond the applicant's expiration of term of service of 19 July 2011 because he was currently in the MEB process and would mostly likely be referred to a Physical Evaluation Board (PEB) in May 2011.

6.  On 24 March 2011, the PRARNG approved the request for his retention beyond his ETS.  The memorandum shows his rank as SSG.

7.  A DA Form 199 (PEB Proceedings) shows that on 16 May 2012 a PEB convened and considered his medical conditions.  The PEB found his medical and physical impairment prevented reasonable performance of duties required by his grade and military specialty.  The PEB recommended his permanent disability retirement with a combined rating of 70 percent.  He concurred.  The DA Form 199 lists his rank as SSG.

8.  Orders Number 181-0001, issued by Headquarters, U.S. Army Garrison, Fort Buchanan, PR, on 29 June 2012, placed him on the Retired List in the rank of SFC with a DOR of 25 September 2012.

9.  He was retired on 25 September 2012, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(1), by reason of permanent disability.  His DD Form 214 lists in:

* Item 4a (Grade, Rate, or Rank) –SSG
* Item 4b (Pay Grade) –E-6
* Item 12i (Effective Date of Pay Grade) – 5 September 2007

10.  He was honorably discharged from the PRARNG on 25 September 2012, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-36a and Army Regulation 635-40, paragraph 
4-24b(1), by reason of permanent disability.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists in:

* Item 5a (Rank) –SSG
* Item 5b (Pay Grade) –E-6
* Item 8 (Date of Rank) – 5 September 2007

11.  Orders Number 162-531, issued by the PRARNG, on 11 June 2013, assigned him to the Retired Reserve effective 25 September 2012.  The orders show his rank as SSG.

12.  Title 10, U.S. Code (USC), section 1372, which specifies any member of the Armed Forces who is retired for physical disability is entitled to the grade equivalent to the highest of the following:

* the grade in which he/she is serving on the date when retired;
* the highest temporary grade in which he/she served satisfactorily;
* the permanent regular grade to which he/she would have been promoted had it not for the physical disability for which he/she is retired; or
* the temporary grade to which he/she would have been promoted had it not been for the physical disability for which he/she is retired.

13.  Army Regulation 600-8-19 sets the enlisted promotions and reductions function of the military personnel system.  The regulation states in:

   a.  Paragraph 1-20a - Soldiers who are pending referral to a Military Medical Retention Board (MMRB) under Army Regulation 40-400 (Patient Administration) or referral to a MEB or a PEB under Army Regulation 635-40 will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion.

   b.  Paragraph 1-20c - 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was a promotable SFC as of 4 February 2011.  He was processed through the Army DES in March 2011 and it was determined his medical condition prevented satisfactory performance of duty in his grade and specialty and his retirement by reason of permanent disability was recommended.

2.  Orders were issued retiring him and placing him on the Retired List in the rank of SSG effective 25 September 2012.  He was issued a DD Form 214 showing the rank/pay grade of SSG/E-6.

3.  Title 10, USC, section 1372, states any member of the Armed Forces who is retired for physical disability is entitled to the grade equivalent to the permanent regular grade to which he/she would have been promoted had it not been for the physical disability for which he/she is retired.

4.  Army Regulation 600-8-19, paragraph 1-20a, states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  The Soldier will be promoted to the designated grade effective the day before placement on the Retired List.

5.  In view of the foregoing, he is entitled to correction to his DD Form 214 to show the rank/pay grade of SFC/E-7, effective the day before his placement on the Retired List.

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:

* promoting the applicant to the rank/grade of SFC/E-7 with an effective date and date of rank of 24 September 2012
* deleting from item 4a of his DD Form 214 the entry "SSG" and replacing it with the entry "SFC"
* deleting from item 4b of his DD Form 214 the entry "E-6" and replacing it with the entry "E-7"
* deleting from item 12i of his DD Form 214 the entry "2007-09-05" and replacing it with the entry "2012-09-25"
	


      __________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)                                         AR20140006746



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ABCMR Record of Proceedings (cont)                                         AR20140006746



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