IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140009184
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 March 2014 be corrected to show his retirement grade.
2. The applicant states the error was noted when he out-processed at Fort Bragg, NC after his DD Form 214 was digitally signed. A second DD Form 214 was then signed and sent to the Defense Finance and Accounting Service (DFAS). DFAS is tracking his retirement pay grade as an E-5 but the National Registry and the documentation he currently possesses has him at pay
grade E-4.
3. The applicant provides his:
* DD Form 214
* his retirement orders and amendment
CONSIDERATION OF EVIDENCE:
1. On 28 August 2001, he enlisted in the Regular Army. He served continuously until his retirement. He was promoted to corporal/pay grade E-4 on 28 August 2003.
2. The results of his Physical Evaluation Board (PEB) are not available in his official military personnel file (OMPF).
3. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC Orders 357-0283, dated 23 December 2013, released him from assignment and duty because of physical disability incurred while entitled to basic pay. His effective date of retirement was 18 March 2014. He was placed on the Retired List effective 19 March 2014 with a retired grade of rank of corporal.
4. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC Orders 028-0253, dated 28 January 2014, amended the above orders to show his retired grade of rank as sergeant.
5. On 18 March 2014, he was retired by reason of disability, permanent (enhanced) and placed on the Retired List 19 March 2014. His DD Form 214 shows he was a corporal, pay grade E-4 with an effective date of pay grade of
28 August 2003.
6. There are no orders in his OMPF promoting him to sergeant.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system.
Paragraph 1-20c states, per the provisions of 10 USC 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. There are no orders in his OMPF promoting him to sergeant. His retirement orders were amended to show his retired grade of rank as sergeant. Therefore, it is reasonable to conclude he was on a valid promotion list to sergeant at the time of his retirement.
2. A Soldier on a promotion list at the time of retirement for disability is to be promoted to the promotion list grade effective the day before placement on the Retired List.
3. Therefore, his DD Form 214 should be amended to show he was a sergeant, pay grade E-5 with an effective date of grade as 18 March 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:
a. showing he was promoted to Sergeant, E-5 effective 18 March 2014;
b. amending his DD Form 214 with a separation date of 18 March 2014 as follows:
* Item 4a (Grade, Rate or Rank) - delete "CPL" and enter "Sergeant"
* Item 4b (Pay Grade) - delete "E04" and enter "E-5"
* Item 12i (Effective Date of Pay Grade) - delete "2003 08 28" and enter "2014 03 18"
____________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) AR20140009184
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140009184
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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