IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130004662 


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 his records be corrected to show promotion to sergeant the day before he was medically retired.

2.  The applicant states he was promoted to sergeant the day before he was medically retired.

3.  The applicant provides a copy of Kaiserslautern Transition Center Orders Number 044-001 and a return envelope to the Defense Finance and Accounting Service (DFAS).

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty from 14 June 2006 through 5 April 2012.  

2.  Kaiserslautern Transition Center Orders Number 027-0006, dated 27 January 2012, show the applicant was to be retired for disability as a specialist (E-4) with no transition leave or permissive temporary duty.  His effective date of retirement was 5 April 2012 and the date placed on retirement list as 06 April 2012.

3.  Kaiserslautern Transition Center Orders Number 037-0003, dated 6 February 2012, amended the retirement orders to show he was authorized 15 days transition leave and 30 days permissive temporary duty.

4.  United States Army Garrison, Kaiserslautern Unit 23152 Orders Number 041-001, dated 10 February 2012, promoted the applicant to sergeant (E-5) effective 5 April 2012.

5.  Kaiserslautern Transition Center Orders Number 044-0001, dated 13 February 2012, amended his retirement orders to show retirement as a sergeant (E-5). 

6.  His DD Form 214 shows his rank and grade as sergeant (E-5).

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20 (effective 14 May 2010), states per the provisions of Title 10 U.S. Code 1372, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's promotion orders promoted him to sergeant effective the same date he was retired, 5 April 2012, with placement on the retired list effective the following date.

2.  Regulations state the date of promotion in such cases is the day before a Soldier is placed on the retired list.  This is what occurred and the applicant has provided no evidence that an earlier date is warranted.

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)                                         AR20130004662





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ABCMR Record of Proceedings (cont)                                         AR20130004662



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