BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140006995
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 her record to show she retired in the rank/pay grade of sergeant first class (SFC)/E-7.
2. She states that prior to her medical retirement she was under consideration for promotion to SFC. Due to a mandatory retirement date prior to the release of the promotion board results, she was not afforded the opportunity to retire as an SFC. According to promotion board results released on 9 April 2014, she was selected for promotion to SFC and assigned sequence number 7.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 January 2003.
2. Effective 1 July 2008, she was promoted to staff sergeant (SSG)/E-6.
3. On 18 February 2014, she was retired for permanent disability in the rank/grade of SSG/E-6. The following day she was placed on the retired list, also in the rank/grade of SSG/E-6.
4. A memorandum, subject: [Fiscal Year 2014 (FY14)] Active Component Promotion Selection List to SFC, dated 10 April 2014, issued by the Chief, Enlisted Promotions, Promotions Branch, U.S. Army Human Resources Command, shows the FY14 Active Component SFC Selection Board convened on 4 February 2014 and recessed on 7 March 2014. The selection list was released on 10 April 2014. It shows the applicant was selected for promotion to SFC.
5. During the processing of this case, the Chief, Department of the Army Promotions Branch, U.S. Army Human Resources Command, provided an advisory opinion. The advisory official verified the applicant's retirement date and the date the results of the FY14 Active Component SFC Selection Board were released. The advisory official stated that, in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20c, Soldiers on a promotion list at the time of retirement for disability will be retired at the promotion list grade. The applicant did not meet this criterion because she was discharged before being placed on the promotion list.
6. Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system. Paragraph 1-20c states that, per the provisions of Title 10, U.S. Code, 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:
The applicant retired before the FY14 Active Component SFC Selection Board recessed and before the board results were released. Unfortunately, because she had not been placed on the promotion list before she retired, there is no basis for correcting her record to show she retired as an SFC/E-7.
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) AR20140006995
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ABCMR Record of Proceedings (cont) AR20140006995
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