IN THE CASE OF: BOARD DATE: 9 August 2012 DOCKET NUMBER: AR20120000165 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 advancement on the Retired List to the rank and grade of sergeant (SGT)/E-5), the highest grade she satisfactorily held. 2. The applicant states: a. she was considered for promotion to staff sergeant (SSG)/E-6 a month prior to being medically evacuated from Afghanistan due to a condition later diagnosed as "dilated cardiomyopathy (enlarged left ventricle)"; b. her last chain of command saw fit to reduce her to private (PV1)/E-1 because she decided to go against their choice of treatment plan; c. she came to a deeply desperate and depressing point in her life and although she wanted to act on something very life-threatening, she decided to jeopardize her military career; and d. her actions cost her the rank she held, her creditability as a leader, and caused an embarrassment to the noncommissioned officer corps and family. 3. The applicant provides: * a self-authored statement, dated 17 December 2001 * a C10 Report, titled "Promotion Point Data," dated February 2009 * a DA Form 3355 (Promotion Point Worksheet), dated 21 April 2008 * page 3 of three AAA-294 Report – Unit Enlisted Promotion Report, dated 3 January 2008, 1 February 2008, and 3 March 2008 CONSIDERATION OF EVIDENCE: 1. The applicant initially enlisted in the Regular Army (RA) on 17 October 2000. She was promoted to private first class (PFC)/E-3 on 2 July 2003. 2. On 16 October 2003, the applicant was honorably released from active duty (REFRAD) at the completion of required active service in the rank of PFC. She was transferred to a U.S. Army Reserve (USAR) unit in Georgia. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows she completed 3 years of creditable active service, she served in Kuwait/Iraq from 7 March - 22 July 2003, and she earned the: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon 3. She was promoted to specialist (SPC)/E-4 on 1 May 2004, while serving in the USAR. 4. On 1 October 2004, the applicant enlisted in the RA in the rank of SPC. She was trained in and served in military occupational specialty 94F (Computer Detection Systems Repairer). 5. Orders 333-25, issued by the 502nd Personnel Service Battalion, Fort Hood, TX, dated 29 November 2005, announced the applicant's promotion to SGT with an effective date and date of rank of 1 December 2005. 6. Section III (Service Data) of the applicant's Enlisted Record Brief (ERB) dated 18 January 2011 shows she was reduced to the following ranks and grades on the dates indicated: * SPC - 18 August 2009 * PFC - 29 July 2010 7. On 8 December 2010, the Commander, 1st Warrior Battalion, Fort Hood, issued the applicant a memorandum notifying her of her disqualification for award of the Army Good Conduct Medal for the period 17 October 2006 through 16 October 2009. He cited the applicant's infractions of Army values as the basis for this decision. 8. Orders Number 021-0133, issued by Headquarters, III Corps, Fort Hood, dated 21 January 2011, directed the applicant's release from assignment in the rank of private (PV1) by reason of permanent physical disability effective on 30 March 2011, with a 100 percent (%) disability rating. 9. On 30 March 2011, the applicant was retired from active duty in the rank of PV1 and placed on the Retired List on 31 March 2011 in the same rank. She completed 9 years and 6 months of total creditable active duty service. The DD Form 214 she was issued at the time shows she was reduced to PV1/E-1 on 19 January 2011. 10. Item 18 (Remarks) of the DD Form 214 issued on 30 March 2011 shows the applicant served in Afghanistan from 11 July 2008 through 9 July 2009. It also shows she earned the following awards: * Afghanistan Campaign Medal with bronze service star * North Atlantic Treaty Organization Medal * Army Commendation medal * Meritorious Unit Commendation * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Driver and Mechanic Badge with Driver-W Bar 11. The applicant provides a copy of a C10 Report dated February 2009 that lists the Soldiers of her battalion on the E-5/E-6 Promotion Standing List. Her name is among the lists of Soldier to E-6 in the primary zone. 12. The applicant applied to the Army Grade Determination Board (AGDRB) requesting advancement on the Retired List to the rank/grade of SGT/E-5. The AGDRB determined the applicant was placed on the Permanent Disability Retired List in the rank and grade of PV1/E-1 and as a result, a grade determination should have been conducted at the time of her disability processing. Accordingly, the AGDRB indicated it did not have the authority to correct the applicant's record. 13. Title 10 of the U.S. Code, section 1372 provides the legal authority for the grade to be awarded to members retiring for physical disability. It states that at the time any member of an armed force who is retired for physical disability is entitled to a grade equivalent to the highest of the following: * the grade in which serving on the date placed on the Retired List * the highest grade in which served satisfactorily * the grade to which the Soldier would have been promoted DISCUSSION AND CONCLUSIONS: 1. The applicant contends she should be advanced on the Retired List to the rank of SGT. The evidence in this case is sufficient to grant a portion of the requested relief. 2. By law, a member retired by reason of physical disability is entitled to be placed on the Retired List in the highest grade in which he/she served satisfactorily. 3. The evidence of record confirms the applicant was promoted to PFC/E-3 on 2 July 2003 and satisfactorily held this grade until she was REFRAD, transferred to the USAR, and promoted to SPC/E-4 on 1 May 2004. Accordingly, it would be appropriate to correct her retirement orders to show she was placed on the Retired List in the rank/grade of PFC/E-3, the highest grade in which she served satisfactorily while on active duty. Further, it would serve the interest of justice and equity to provide the applicant any back retired pay due as a result of this correction. 4. The evidence of record further shows that during a subsequent period of active service, the applicant was promoted to SGT on 1 December 2005; reduced to SPC on 18 August 2009; reduced to PFC on 29 July 2009, and lastly reduced to PV1 on 19 January 2011. Each reduction from a higher to a lower grade confirms the service in the higher grade was not satisfactory. As a result, there is no basis to grant the applicant's request to show her rank as SGT on the Retired List. 5. Finally, while the applicant was reduced from PFC to PV1 during her final period of active service, her total active service which included her satisfactory service in the rank of PFC, two foreign tours completed in support of the global war on terrorism, and her receipt of numerous awards reflecting her commendable service prior to the service wherein she received three reductions in grade from 18 August 2009 - 19 January 2011, was considered in determining the recommended relief in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X_____ ___X_____ ___X_____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders 021-0133, dated 21 January 2011, to show she was placed on the Retired List in the rank/grade of PFC/E-3 on 31 March 2011; and b. by providing her any back retired pay due as a result of this correction. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to placing her on the Retired List in the rank/grade of SGT/E-5. ___________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) AR20120000165 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000165 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1