IN THE CASE OF: BOARD DATE: 8 December 2011 DOCKET NUMBER: AR20110013051 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 her retired rank/grade be changed from private (PV2)/E-2 to private first class (PFC)/E-3. 2. The applicant states at the time of retirement her DD Form 214 (Certificate of Release or Discharge from Active Duty) had to be corrected to show her rank as PV2/E-2 and there was a discussion indicating her retired rank could be PFC/ E-3; but it was never looked into. 3. The applicant provides no documentary evidence in support of her application. CONSIDERATION OF EVIDENCE: 1. The applicant entered active duty in the Regular Army on 16 August 2007, and was trained in and awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist). 2. The applicant’s Enlisted Record Brief shows the applicant was initially advanced to the rank of PV2/E-2, the highest rank she held while serving on active duty, on 16 February 2008. It further shows she was reduced to private (PV1)/E-1 on 20 May 2008. 3. The record contains a DA Form 4187 (Personnel Action), dated 18 August 2010, which shows the applicant was again advanced to PV2/E-2 on 20 September 2010. 4. Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, Louisiana Orders 260-0318, dated 17 September 2010, as amended by Orders 306-0313, dated 2 November 2010, authorized the applicant physical disability retirement on 23 October 2010 and placement on the Retired List on 24 October 2010 in the retired rank of PV2/E-2. 5. On 23 October 2010, the applicant was separated for retirement by reason of physical disability, permanent, after completing 3 years, 2 months, and 8 days of active military service. The DD Form 214 she was issued upon retirement, as amended by a DD Form 215 (Correction to DD Form 214), dated 27 January 2011, shows she was retired in the rank of PV2/E-2. 6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the Army’s promotion policy. Paragraph 1-20 provides guidance on the promotion of Soldiers referred for medical evaluation. It states Soldiers will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion. It further states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list. This guidance also pertains to Active Army Soldiers who have reached the time-in-service requirements for the next level of automatic promotion (PV2 to specialist (SPC)). Chapter 2 contains guidance on decentralized promotion and paragraph 2-3c contains the eligibility criteria for automatic promotion to PV2, PFC, and SPC. It states requirements for promotion to PFC are 12 months time in service and 4 months time in grade. It further states any Soldier reduced must be fully qualified (without a waiver) for promotion to the next higher grade. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request that her retired rank be changed to PFC/E-3 has been carefully considered. However, there is insufficient evidence to support this claim. 2. By regulation, members in the ranks of PV2, PFC, and SPC being retired by reason of physical disability will be retired in the rank they are eligible for at the time of separation for retirement. The regulation identifies the eligibility requirements for PFC/E-3 as 12 months time in service and 4 months time in grade. In this case, the applicant was last advanced to PV2/E-2 on 20 September 2010, and was separated for disability retirement on 23 October 2010. As result, given she had less than 4 months time in grade, she was not eligible for advancement to or placement on the Retired List in the rank of PFC/E-3. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20110013051 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013051 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1