PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 May 2000                   
	DOCKET NUMBER:   AR1999033770

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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 that his records be corrected to show that he was a Staff Sergeant (SSG), E-6 at the time he was placed on the Temporary Disability Retired List (TDRL).

3.  The applicant states that he was promoted to SSG in August 1995 while his records were in transit between medical activities.  This prevented his promotion orders from being filed in his records or his correct rank from being entered on his DD Form 214, Certificate of Release or Discharge from Active Duty.  This error has affected his temporary disability retired pay and his severance pay.

4.  The applicant’s military records are not available.  The information contained herein was obtained from documents provided by the applicant.

5.  The applicant enlisted in the Regular Army on 10 July 1980.  He was promoted to Sergeant, E-5 on 1 October 1985.  At some point he was recommended for promotion to SSG and placed on a promotion recommendation list.

6.  The applicant last reenlisted on 9 June 1992 for 4 years.  Because he had not yet been promoted to SSG, orders 101-0033, Headquarters 101st Airborne Division dated 11 April 1995 changed his expiration term of service (ETS) to       9 July 1995 under the provisions of Army Regulation 635-200, paragraph 16-8, early separation due to reduction in force, strength limitations or budgetary constraints.

7.  At some point, the applicant was attached to Medical Holding Company, U. S. Army Medical Activity, Fort Campbell, KY.  On 19 April 1995, he was attached to Wright-Paterson Air Force Base, Dayton, OH for hospitalization and treatment.

8.  On 12 June 1995, the applicant was reassigned to the Medical Holding Company, U. S. Army Medical Activity, Fort Campbell, KY.  On 13 June 1999, Orders 101-0033 were revoked.

9.  On 24 July 1995, the applicant was notified that he met the promotion cut-off score for promotion to SSG effective 1 August 1995 but, as his ETS was reflected as 8 June 1996, he did not meet the 12-month service remaining obligation.  He had until the end of August to meet the service remaining obligation.  On 4 August 1995, he extended his 4-year enlistment to a period of   5 years and 1 month, making his new ETS 8 July 1997.  He was promoted to SSG effective 4 August 1995.

10.  At some point the applicant apparently appeared before a physical evaluation board and was found unfit for duty.  Orders were published               17 October 1995 assigning him to his home awaiting further orders and disposition by the Secretary of the Army.  On 19 December 1995, he was placed on the TDRL.  His retirement orders and his DD Form 214 show his rank as Sergeant, E-5.  At some point, he was discharged with severance pay and a     10 percent disability rating.

11.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  Paragraph 3-8 states that soldiers on the recommended list selected by a local board prior to hospitalization may be promoted if their point scores are the same or higher than those announced by Headquarters, Department of the Army.  Paragraph 3-36 states the service remaining obligation for promotion to SSG is 12 months.  The service remaining obligation will be computed from the first day of the promotion month.  Paragraph 3-36j states that a soldier’s separation from the service before fulfilling the service remaining obligation does not invalidate the promotion if the service requirements were met at the time of promotion.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.

2.  The applicant met the cut-off score for promotion to SSG on 1 August 1995.  To meet the 12-month service remaining obligation he needed to extend his ETS to at least August 1996.  He extended his 4-year enlistment to make his new ETS 8 July 1997.  He was promoted to SSG effective 4 August 1995.

3.  Since he met the service requirements at the time of his promotion his separation from the service before fulfilling the service remaining obligation did not invalidate the promotion.  He should have been separated and placed on the TDRL in the rank of SSG and subsequently discharged in the rank of SSG.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  showing the applicant was separated on 18 December 1995 in the rank of Staff Sergeant;

     b.  correcting the applicant’s DD Form 214, item 4a to read SSG; item 4b to read E6; and item 12h to read 1995 08 04;

     c.  showing the applicant was placed on the retired list on 19 December 1995 in the retired grade of SSG;
     d.  showing the applicant was subsequently discharged with severance pay in the rank of SSG; and

     e.  paying to the applicant all retired pay and severance pay due him as a result of the aforementioned corrections.

BOARD VOTE:  

__rvo___  __jma___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033770	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.	131.00	
3.	108.09	
4.		
5.		
6.