BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013470
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 records to show he was placed on the Temporary Disability Retired List (TDRL) in the rank/grade of master sergeant (MSG)/E-8 instead of sergeant first class (SFC)/E-7.
2. The applicant states he was put on the TDRL as a SFC, but because he was on the promotion list his rank should be shown as MSG.
3. The applicant provides copies of:
* page 2 of the Puerto Rico National Guard Element FY07 MSG Promotion List
* orders showing he was retained on active duty to complete medical treatment as a SFC
* orders showing he was placed on the TDRL as a SFC
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* orders showing he was removed from the TDRL and permanently retired due to physical disability as a SFC
* page from Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20
CONSIDERATION OF EVIDENCE:
1. Following prior service in the New York Army National Guard, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on 8 December 1985. He served through multiple extensions or reenlistments and he attained the rank/grade of SFC/E-7. He held military occupational specialty (MOS) 21B (Combat Engineer).
2. He last served on active duty from 23 July 2006 to 16 November 2008 when he was placed on the TDRL as a SFC. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Iraq from 23 September to
6 December 2006.
3. A Physical Evaluation Board (PEB) convened on 6 January 2012. The PEB Proceedings show the applicant was determined to be unfit and recommended a combined rating of 90%.
4. He provides a copy of a page from the Puerto Rico National Guard Element promotion list showing he was recommended for promotion to MSG by the FY07 Board.
5. An advisory opinion was obtained from the Chief, Personnel Policy Division, NGB on 6 February 2015. The opining official recommended approval of the applicant's request and stated that: "Upon coordination with the National Guard Retirement Services Division, the Soldier provided documentation to show he was on the promotion list at the time of his disability retirement. (The applicant) should have been promoted to MSG the day before being placed on the retired list."
6. A copy of the advisory opinion was provided to the applicant for information and to allow him to submit comments or a rebuttal. A response was not received.
7. Army Regulation 600-8-19 provides that 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 applicant was a promotable SFC at the time of his disability processing and retirement. By regulation, 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.
2. Therefore, the applicant is entitled to correction of his records as recommended below with entitlement to back pay and allowances/retired pay.
BOARD VOTE:
____X____ __X______ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:
* promoting him to MSG effective 16 November 2008
* amending his NGB Form 22, DD Form 214 for the period ending
16 November 2008, and retirement orders to show his rank/grade as MSG/E-8
* paying him any resulting back pay and allowances/retired pay
_________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) AR20140009660
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ABCMR Record of Proceedings (cont) AR20140013470
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