IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140017337
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 as sergeant (SGT) and his pay grade as E-5.
2. The applicant states the rank/grade shown on his DD Form 214 should be SGT/E-5, not corporal (CPL)/E-4.
3. The applicant provides a copy of his DD Form 214 and:
* Orders 202-81, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD on 21 July 2014
* Orders 206-0001, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD on 25 July 2014
* Orders 154-0003, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD on 3 June 2014
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 March 2004. After completing his initial entry training, he was awarded military occupational specialties 25N (Nodal Network Systems Operator-Maintainer) and 25B (Information Technology Specialist).
2. Orders 154-0003, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD on 3 June 2014, ordered his retirement from the Army by reason of permanent disability, effective 31 August 2014, and his placement on the Retired List, effective 1 September 2014. These orders show his retired rank/grade as CPL/E-4.
3. Orders 202-81, issued by Headquarters, U.S. Army Installation Management Command and U.S. Army Garrison, Fort George G. Meade, MD on 21 July 2014, announced his promotion to the rank/grade of SGT/E-5, effective 31 August 2014. These orders cite Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, as the authority for this promotion.
4. Orders 206-0001, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD on 25 July 2014, amended Orders 154-0003 by changing those orders to show his retired rank/grade as SGT/E-5.
5. He was honorably retired from the Army on 31 August 2014 by reason of permanent disability. His DD Form 214 shows in:
* item 4a (Grade, Rate or Rank), "CPL"
* item 4b (Pay Grade), "E04"
* item 12i (Effective Date of Pay Grade), "2006 09 01"
* item 18 (Remarks), "Retired List Grade SGT"
6. He was placed on the Retired List, in the rank/grade of SGT/E-5, effective 1 September 2014.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel. Paragraph 1-20 governs the promotion of Soldiers pending referral to an MOS/medical retention board, medical evaluation board, or physical evaluation board. It provides that 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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Subparagraph 2-4h(4) provides that items 4a and 4b contain the active duty grade or rank and pay grade at the time of separation, taken from the ERB.
DISCUSSION AND CONCLUSIONS:
1. By law and 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. The evidence of record shows the applicant was retired by reason of permanent disability on 31 August 2014. He was promoted to the rank/grade of SGT/E-5, effective 31 August 2014, the day before he was placed on the Retired List. After the publication of his promotion orders, his retirement orders were amended to show his rank/grade as SGT/E-5.
3. It appears the rank and grade on his DD Form 214 are incorrect; therefore, it would be appropriate to correct his DD Form 214 to show he was retired in the rank/grade of 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 the evidence presented is 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 by deleting the current entry in item 4a and replacing it with "SGT"; deleting the current entry in item 4b and replacing it with "E-5"; and deleting the current entry in item 12i and replacing it with "2014 08 31."
____________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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140017337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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