IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140018080
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:
a. promotion to sergeant (SGT)/E-5 and
b. correction of items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
a. He was a promotable E-4 and was not promoted to E-5 in accordance with Title 10, U.S. Code, section 1212.
b. He wants his promotion to E-5 and correction of his DD Form 214 to reflect this change.
3. The applicant provides a memorandum for record from his battalion commander, dated 8 September 2014.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 9 September 2010 for 8 years under the Delayed Entry Program. He was discharged from the U.S. Army Reserve Delayed Entry Program on 30 January 2011 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 31 January 2011 for 6 years.
2. He was advanced to specialist (SPC)/E-4 effective 1 January 2013.
3. He provided a memorandum for record from his battalion commander, dated 8 September 2014, responding to a request for promotion standing list reintegration. The memorandum states:
a. The request for reintegration is approved.
b. The applicant's current Army Physical Fitness Test (APFT) Scorecard expired in July 2014 per his permanent physical profile dated 7 November 2013. He was recommended for a medical evaluation board (MEB).
c. As stated in Military Personnel Message 13-106, "Soldiers previously conditionally promoted who are unable to meet the condition of their promotion as a result in a finding of unfit [sic] by DES [Disability Evaluation System]/MEB will not be subject to administrative reduction
to retain promotable status.
Soldiers will not be required to maintain their APFT or weapons qualification for promotion purposes. For Semi-Centralized promotion consideration, selection, and pin-on, Soldiers within the DES/MEB [sic] who are unable to perform an APFT or qualify with a weapon will use their last score until they are medically cleared to take the APFT or qualify with a weapon."
d. He will not reappear before the promotion board to regain promotable status.
4. On 17 September 2014, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, severance pay, non-combat (enhanced). His DD Form 214 shows in:
* item 4a SPC
* item 4b E-4
* item 12i 1 January 2013
5. There is no evidence showing he was promoted to SGT/E-5 prior to his discharge.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20f, states per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted effective the Soldier's separation date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for promotion to SGT/E-5 appears to have merit.
2. The governing regulation clearly states, per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted effective the Soldier's separation date.
3. The evidence of record shows he was on a promotion list for SGT/E-5 prior to his separation for disability with entitlement to severance pay on 17 September 2014, but he was discharged in the rank of SPC/E-4.
4. Based on the foregoing evidence, his records should be corrected to show he was promoted to SGT/E-5 effective 17 September 2014 and items 4a, 4b, and 12i of his DD Form 214 should be corrected accordingly.
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:
a. promoting him to SGT/E-5 effective 17 September 2014,
b. deleting the current entry in item 4a of his DD Form 214 and replacing it with the entry "SGT,"
c. deleting the current entry in item 4b of his DD Form 214 and replacing it with the entry "E05," and
d. deleting the current entry in item 12i of his DD Form 214 and replacing it with the entry "2014 09 17."
__________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) AR20140018080
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ABCMR Record of Proceedings (cont) AR20140018080
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