IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015152
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.
2. The applicant states his DD Form 214 shows his rank and grade as specialist (SPC)/E-4, but his separation orders shows he was authorized severance pay in pay grade E-5.
3. The applicant provides his DD Form 214 and discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 March 2008.
2. His Enlisted Record Brief (ERB) shows he was promoted to the rank/grade of SPC/E-4 effective 1 September 2009. His ERB also shows he was in a promotable status to the next higher grade (E-5) as of March 2011.
3. Orders Number 004-0159, dated 4 January 2013, issued by Headquarters, U.S. Army Garrison Command, Fort Knox, KY, directed his separation from the service effective 26 February 2013. These orders show he was authorized disability severance pay in pay grade E-5.
4. He was honorably discharged on 26 February 2013 by reason of disability with entitlement to severance pay. His DD Form 214 shows his rank and grade as SPC/E-4.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, provides that in accordance with the provisions of Title 10, U.S. Code, section 1212 (Disability Severance Pay), Soldiers who are on a promotion list at the time of separation for disability with entitlement to severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was on a recommended promotion list to the rank/grade of SGT/E-5 at the time of his separation for disability with entitlement to severance pay. In accordance with Army Regulation 600-8-19, he should have been promoted to SGT/E-5 effective 26 February 2013. Therefore, his DD Form 214 should be corrected to show his rank and grade as SGT/E-5.
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 showing he was promoted to SGT/E-5 effective 26 February 2013 and by amending his DD Form 214 to show his rank and grade as SGT/E-5 and his effective date of pay grade as 26 February 2013.
___________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) AR20140015152
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ABCMR Record of Proceedings (cont) AR20140015152
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