BOARD DATE: 28 October 2014 DOCKET NUMBER: AR20140001927 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 records to show he was retired in the rank and pay grade of major (MAJ) O-4. 2. The applicant states he was medically retired while he was promotable to MAJ, but he was unaware of the provision that allows him to be retired in the rank of MAJ. 3. The applicant provides copies of his retirement orders, promotion notification memorandum, Physical Disability Evaluation System (PDES) Commander’s Performance and Functional Statement, and DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant was serving in the rank of captain (CPT) in the Oklahoma Army National Guard (OKARNG) when he was ordered to active duty in support of Operation Iraqi Freedom on 18 September 2007. He served in Kuwait/Iraq during the period 20080127 – 20081005 and on 25 October 2008 he was honorably released from active duty and was returned to his OKARNG unit. 2. On 5 October 2011, a memorandum prepared by the Joint Forces Headquarters, OKARNG notified the applicant that he had been selected for promotion by the Department of the Army Mandatory Selection Board. The memorandum advised the applicant that he had four choices to make no later than 8 November 2011. The four choices were: * Accept promotion in the OKARNG * Resign and Accept promotion in the United States Army Reserve (USAR) * Delay promotion for a period not to exceed 3 years * Decline promotion 3. The available records are silent as to whether the applicant selected one of the available options and the record of the applicant’s medical proceedings under the PDES are also not present in the available records. 4. On 19 March 2013, orders published by the U.S. Army Physical Disability Agency placed the applicant on the Retired List in the rank of CPT, effective 23 April 2013, with a 50% disability rating. 5. Title 10, U.S. Code, section 1372, provides the legal authority for the grade to be awarded to members retiring for physical disability. It states any member of an Armed Force who is retired for physical disability is entitled to a grade equivalent to the highest of the following: a. the grade in which he or she is serving on the date when his or her name is placed on the Retired List; b. the highest grade in which he or she served satisfactorily; or c. the grade to which he or she would have been promoted had it not been for the physical disability that resulted in retirement. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should have been placed on the Retired List in the rank and pay grade of MAJ/O-4 was noted. 2. The applicant was selected for promotion to the rank of MAJ by the Department of the Army Mandatory Selection Board. While there is insufficient evidence to show he would have been promoted before being retired he should have been placed on the Retired List in the rank of MAJ. 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 recommended that his retirement orders be amended to show he was placed on the Retired List in the rank and grade of MAJ/O-4 with entitlement to any back retired pay as a result of this correction. _______ _ _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) AR20140001927 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1