IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140014000
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, to be placed on the Temporary Disability Retired List (TDRL) in the highest grade he satisfactorily held for the purpose of computation of disability retirement.
2. The applicant states the Army Grade Determination Review Board (AGDRB) found the highest grade in which he satisfactorily served, for the purpose of computation of disability retirement/separation pay, was staff sergeant (SSG)/
E-6.
3. The applicant provides:
* memorandum, dated 23 July 2014, sent by the Army Review Boards Agency (ARBA)
* memorandum, dated 1 August 2014, sent by the U.S. Army Physical Disability Agency
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 May 2004.
2. His records show two deployments. The first was to Iraq for the period 29 November 2005 to 15 November 2006. He deployed to Afghanistan for the period 17 July 2010 to 15 June 2011.
3. He was promoted to the rank of SSG effective 1 December 2012.
4. While details are not available in his record, available information shows the applicant was reduced from SSG to sergeant (SGT) effective 26 August 2013, as a result of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice.
5. On 28 May 2014, a physical evaluation board (PEB) found the applicant unfit for continued military service and recommended placement on the TDRL with a disability rating of 70 percent. His disability was determined to be combat-related. On 30 May 2014, the applicant concurred with the PEB's findings and waived his right to a formal hearing as well as his right for reconsideration of his disability rating by the Department of Veterans Affairs.
6. Orders 155-0018, dated 4 June 2014, issued by Headquarters, 1st Infantry Division and Fort Riley, show the applicant's placement on the TDRL effective 3 July 2014. His retired grade of rank is shown as SGT.
7. On 2 July 2014, he was retired and placed on the TDRL the following day. His DD Form 214 states he had 10 years, 1 month, and 15 days of net active creditable service. Block 4a (Grade, Rate, or Rank) shows SGT and block 4b (Pay Grade) lists E-5. The separation authority is Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4. The narrative reason for separation is disability, temporary (enhanced).
8. The applicant provides a memorandum, dated 23 July 2014, sent by the AGDRB, ARBA, which essentially confirms, for the purpose of computation of disability retirement/separation pay, the highest rank/grade satisfactorily held was SSG/E-6.
9. Army Regulation 15-80 (AGDRB and Grade Determinations) prescribes policies and procedures for the functioning of the AGDRB. The AGDRB makes final discretionary grade determinations on behalf of the Secretary of the Army for enlisted Soldiers at the time of separation. In all cases the members of the AGDRB recommend to the appropriate authority the highest grade in which the Soldier has satisfactorily served. These recommendations are normally approved as recommended.
DISCUSSION AND CONCLUSIONS:
The applicant's retirement orders show his retired grade of rank as SGT, which he held at the time he was separated from active duty. The AGDRB determined the highest rank/grade satisfactorily held for disability retirement purposes, however, should be SSG/E-6. Based upon this determination, his retirement orders should be amended to show his retired grade of rank as SSG/E-6, as determined by the AGDRB. Upon correction to his retirement order, his pay record should be adjusted to reflect his correct rank and pay grade.
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 Orders 155-0018 placing the applicant on the TDRL to show his retired grade of rank as SSG/E-6 and paying him any monies due him that flow from this correction to his retired rank.
_______ _ __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.
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