PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 November 2000
	DOCKET NUMBER:   AR2000043204

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his retired pay grade E-4 be corrected to pay grade E-5.

3.  The applicant states that he was discharged due to a permanent disability and was on the recommend promotion list to pay grade E-5 at the time of his retirement.  He states that his duty performance was at a high level and should have been promoted to pay grade E-5 before his retirement.

4.  The applicant’s military records show that he was honorably retired from the Army on 8 September 1986 with a disability rating of 40 percent.  His highest rank attained was specialist (E-4). 

5.  The applicant was assigned to Fort Hood, Texas.  On 21 March 1986 during a field training exercise his magazine exploded in his M-16 that resulted in the applicant receiving powder burns to the left side of his face, his right thumb and first finger.  His left thumb and first finger were seriously injured and the thumb was amputated.  His medical condition was reviewed by a medical evaluation board (MEB).  The MEB found the applicant medically disqualified and recommended that he be referred to a physical evaluation board (PEB).

6.  The PEB recommended a combined rating of 40 percent and that the applicant be permanently retired from the Army.  The US Army Physical Disability Agency approved the PEB’s findings and recommendations and the applicant was permanently retired effective 8 September 1986.

7.  The file indicates that the applicant was placed on the recommended promotion list to pay grade E-5 effective 7 November 1985.

8.  Army Regulation 635-5 establishes policies, procedures, and responsibilities of the Army Grade Determination Review Board (AGDRB).  Chapter 1, paragraph 5, states, in pertinent part, the AGDRB will review cases and determine the highest grade in which a soldier has served satisfactorily for purposes of service/physical disability retirement, computation of retired pay, or separation for physical disability.

9.  Title 10, U.S. Code, section 1372(3) governs the grade upon retirement of members of the armed forces who retire for physical disability.  This law provides, pertinently, that a member who is retired for physical disability under section 1201 or 1204 is entitled to the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he retired and was found to exist as a result of a physical examination.

CONCLUSIONS:

1.  The file is absent a grade determination by the AGDRB to determine the applicant’s highest grade held satisfactorily at the time of his separation for physical disability retirement as required by regulation.

2.  The applicant was on the promotion list to pay grade E-5 before his injury that resulted in his physical disability retirement.  

3.  Regulatory guidance allows an individual who is retired for physical disability is entitled to the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he retired and was found to exist as a result of a physical examination.  The Board concludes that the applicant’s physical disability precluded his promotion and therefore he is entitled to retire in pay grade E-5.

4.  The applicant’s retired pay grade should be changed to E-5 to allow him to receive the benefits (pay and allowances) that he would have been entitled to receive retroactive to 8 September 1986.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was retired in pay grade E-5 on 
8 September 1986 in accordance with Title 10, U.S. Code, section 1372(3).

BOARD VOTE:  

__FNE___  __TSK__  __WDB__GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn   ___
		        CHAIRPERSON

INDEX

CASE ID	AR2000043204	
SUFFIX		
RECON	20001102	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	( GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.00	
2.		
3.		
4.		
5.		
6.