IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140010904 


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, reconsideration of his request to correct his records to show he was retired in the rank of captain (CPT) and that his award of the Army Superior Unit Award (ASUA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he was honorably retired in the rank of first lieutenant (1LT) on 22 July 2013 due to permanent disability (enhanced); however, he was selected for promotion to the rank of CPT by the Fiscal Year 2013 (FY13) Active Competitive Categories (ACC) CPT Promotion Selection Board which was approved by the Secretary of the Army on 19 July 2013 and was released on 8 August 2013.  Additionally, the ASUA was awarded to his unit and is not reflected on his DD Form 214.  

3.  The applicant provides copies of his DD Form 214, Officer Record Brief, orders awarding his unit the ASUA, assignment and retirement orders, and two pages from the FY13 Active Competitive Categories (ACC) CPT Promotion Selection List.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130015185 on 13 May 2014.

2.  On 19 November 2009, he was commissioned as a Regular Army Signal Corps second lieutenant.  He completed his training and was assigned to the Asymmetrical Warfare Group at Fort Meade, Maryland and was deployed to Afghanistan during the period 29 March 2011 to 28 May 2011.  He was promoted to the rank of first lieutenant (1LT) on 19 May 2011.

3.  On 22 July 2013, he was honorably retired in the rank of 1LT due to permanent disability (enhanced).  He completed 3 years, 8 months, and 4 days of active service as a commissioned officer during this period.  His DD Form 214 issued at the time of his retirement shows he was awarded the Afghanistan Campaign Medal with campaign star, Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, NATO Medal, and Parachutist Badge.

4.  The applicant was selected by the Fiscal Year 2013 (FY13) Active Competitive Categories (ACC) CPT Promotion Selection Board at the time of his retirement.  The board convened on 9 April 2013, was approved by the Under Secretary of Defense for Personnel and Readiness on 19 July 2013 and was released on 8 August 2013.  His name was on the selected list with a sequence number of 0809.

5.  Permanent Orders Number 092-02, issued by the U.S. Army Human Resources Command on 2 April 2014 awarded the ASUA to the Asymmetrical Warfare Group for the period 1 November 2011 to 22 August 2013.

6.  Title 10, U.S. Code, section 1372, provides the legal authority for the grade to be awarded to members retiring for physical disability.  It states any member of an Armed Force who is retired for physical disability is entitled to a grade equivalent to the highest of the following:

	a.  the grade in which he or she is serving on the date when his or her name is placed on the Retired List;

	b.  the highest grade in which he or she served satisfactorily; or

	c.  the grade to which he or she would have been promoted had it not been for the physical disability that resulted in retirement.

7.  On 27 January 2009, the Office of the Assistant Secretary, Manpower and Reserve Affairs confirmed that officers on a promotion list who are separated for disability shall not be promoted the day before separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been placed on the Retired List in the rank and pay grade of CPT/O-3 was noted and appears to have merit.

2.  The applicant was selected for promotion to the rank of CPT by the FY13 CPT Army Competitive Category Promotion Selection Board which was approved on approved by the Under Secretary of Defense for Personnel and Readiness on 
19 July 2013 and was released on 8 August 2013. 

3.  Accordingly, the applicant would have been promoted to the rank of CPT had it not been for the physical disability that resulted in his medical retirement.  Therefore, as a matter of equity, he should be placed on the Retired List in the rank and pay grade of CPT/O-3 effective 23 July 2013 with entitlement to any back retired pay that flows from that change.  

5.  Additionally, his unit was awarded the ASUA and that award should be added to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20130015185, dated 13 May 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending his retirement order to show he was placed on the Retired List in the rank and pay grade of CPT/O-3 effective 23 July 2013;
   
   b.  paying him all retired pay that flow from this correction; and 
   
   
   
   c.  adding the award of the ASUA to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ____________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)                                         AR20140010904



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ABCMR Record of Proceedings (cont)                                         AR20140010904



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