IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014947
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 vice specialist (SPC)/E-4.
2. The applicant states, in effect, he should have been promoted to the rank/grade of SGT/E-5 prior to his retirement due to permanent disability.
3. The applicant provides a copy of his DD Form 214 and Orders 277-001.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 April 2005. He completed training and he was awarded military occupational specialty 88M (Motor Transport Operator). Evidence shows he subsequently served in Iraq for the periods 12 July 2007 to 8 September 2008 and 4 February to 26 July 2011.
2. His records contain Orders 262-0113, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 19 September 2013, which show he was released from assignment and duty because of physical disability incurred while entitled to basic pay under conditions that permit his retirement for permanent physical disability in the rank/grade of SPC/E-4 after completing 8 years, 7 months, and 8 days of net active service. These orders further show the applicant's effective date of retirement as 19 November 2013 and that he was placed on the retirement list on 20 November 2013.
3. The applicant provides and his record contains a DD Form 214 which shows he was retired in the rank/grade of SPC/E-4 due to permanent disability on 19 November 2013. His effective date of pay grade to SPC/E-4 was 1 November 2006.
4. The complete facts and circumstances surrounding the applicant's retirement for permanent disability are not available for review; however, the applicant provides Orders 277-001, issued by Headquarters, 3rd Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX, dated 4 October 2013, which promoted him to the rank/grade of SGT/E-5 effective 19 November 2013.
5. 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 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:
1. Evidence shows the applicant's effective date of pay grade to SPC/E-4 was 1 November 2006. The applicant provides orders which promoted him to the rank/grade of SGT/E-5 effective 19 November 2013. Therefore, it is reasonable to conclude he was on a valid promotion list to the rank/grade of SGT/E-5 at the time of his retirement for permanent disability.
2. The governing regulation states 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. In light of the foregoing, it would be appropriate to amend his DD Form 214 to show he was retired in the rank/grade of SGT/E-5 with an effective date of grade of 19 November 2013.
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 his DD Form 214 with a separation date of 19 November 2013 as follows:
* Item 4a (Grade, Rate or Rank) - delete "SPC" and enter "SGT"
* Item 4b (Pay Grade) - delete "E04" and enter "E05"
* Item 12i (Effective Date of Pay Grade) - delete "2006 11 01" and enter "2013 11 19"
__________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) AR20140014947
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ABCMR Record of Proceedings (cont) AR20140014947
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