IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006780
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated in the rank/grade of staff sergeant (SSG)/E-6.
2. The applicant states that:
* he was given his DD Form 214 before his terminal leave started with the understanding that his command would get the orders to promote him
* he started his terminal leave and due to a lack of housing had to leave Fort Hood and return to Michigan
* he received his promotion orders prior to his separation date and tried to contact the transition center to no avail
3. The applicant provides:
* two orders
* DD Form 214
* DA Form 199 (Informal Physical Evaluation Board (PEB) Processing
* a memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 August 2006. He was trained in and awarded military occupational specialty (MOS) 91F (Small Arms/Artillery Repairer). On 1 April 2010, he was promoted to the rank/grade of sergeant (SGT)/E-5.
2. On 29 October 2013, the PEB found him to be physically unfit and recommended a disability rating of 10 percent (%) and that he be separated with severance pay.
3. He submitted:
a. Orders Number 309-0124, dated 5 November 2013, which show he was reassigned to the U.S. Army transition point, effective 28 January 2014, due to being discharged with a:
* percentage of disability of 10%
* disability severance pay in pay grade E05 based on 7 years, 5 months, and 8 days of service
b. a memorandum, dated 21 November 2013, Subject: [the applicant's] promotion to SSG, which stated that the applicant's command:
(1) acknowledged that he was currently promotable in accordance with Military Personnel (MILPER) Message 13-106;
(2) acknowledged and agreed that he was promotable; and
(3) agreed that upon separation from the Army on 28 January 2014 that he should be promoted to SSG.
c. Orders Number 27-06, dated 27 January 2014, which show he was promoted from SGT to SSG, effective 28 January 2014, with a date of rank of 28 January 2014.
4. On 28 January 2014, he was honorably discharged from active duty due to disability, severance pay, non-combat (enhanced). His DD Form 214 shows he was credited with completing 7 years, 5 months, and 8 days of active duty service. His DD form 214 shows in:
* item 4a (Grade, Rank, or Rank) the entry SGT
* item 4b (Pay Grade) the entry E05
5. MILPER Message 13-106, Title "Enlisted Promotion Clarification for Soldiers in the Disability Evaluation System (DES)," issued 18 April 2013, states, in pertinent part, that:
a. Soldiers in the DES who are pending a medical fitness determination or referral to an medical evaluation board under Army Regulation 40-400 (Patient Administration) or a PEB under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) remain otherwise eligible for promotion consideration, selection, and pin-on. The issuance of a permanent profile of "3" or "4" alone will not be used as the sole basis for determining primary MOS disqualification.
b. While in the DES, Soldiers are not required to meet the 12-month service remaining requirement for promotion to SSG.
c. Per the provisions of Title 10, U.S. Code 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective on the Soldiers separation date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was discharged due to disability with severance pay on 28 January 2014 and in the rank of SGT.
2. The evidence of record shows he was promoted to SSG on 28 January 2014, the date he was discharged due to disability with severance pay. However, his DD Form 214 indicates he was discharged in the rank/pay grade of SGT/E-5. Therefore, he is entitled to correction of his DD Form 214 to show he was discharged in the rank/grade of SSG/E-6, with a date of rank of 28 January 2014.
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 DD Form 214 as follows:
* Item 4a - delete the current entry and replace it with "SSG"
* Item 4b - delete the current entry and replace it with "E-6"
* Item 12h - delete the current entry and replace it with "2014 01 28"
___________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) AR20140006780
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