IN THE CASE OF: BOARD DATE: 20 January 2015 DOCKET NUMBER: AR20140003168 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 that he be paid the retirement pay of a staff sergeant (SSG) E-6 instead of sergeant (SGT) E-5. 2. The applicant states that he was promoted to the rank and pay grade of SSG E-6 on his last day in the Army and he is receiving retired pay as an E-5 instead of E-6. 3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), promotion, and retirement orders. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) on 1 February 2006 for a period of 8 years, training as a petroleum supply specialist, and a $20,000 enlistment bonus. He completed his training and was returned to his USAR unit. He was promoted to the rank of SGT E-5 on 28 April 2009. 2. The applicant was ordered to active duty on 17 June 2010 in support of Operation Iraqi Freedom and deployed to Iraq during the period 20100821 – 20110210. 3. On 24 September 2013, he was retired in the rank of SSG under the provisions of Army Regulation 635-40, chapter 4, due to disability, Permanent (Enhanced). He had served 3 years, 3 months, and 8 days of active service during his deployment and was assigned a 40% disability rating. 4. On 24 September 2009, he was also promoted to the rank of SSG under the provisions of Title 10, U.S. Code, section 1372, which provides that Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. 5. Information received from the Defense Finance and Accounting Service indicates that while the applicant was retired in the rank of SSG E-6, his retired pay rate is based on the highest 3 years of pay and in the applicant’s case, the highest 3 years of service were the applicant’s last 3 years as a SGT. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be paid as a SSG instead of a SGT has been noted and appears to lack merit. 2. The applicant was advanced to the retired list in the pay grade of E-6 based on his promotion list standing at the time of his retirement for disability and his retired pay was calculated based on his highest 3 years of pay, which were his last 3 years of service as an E-5. 3. Accordingly, it appears that he is being properly paid in the pay grade of E-5 and there is no evidence to suggest that there is an error or injustice to correct in his case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20140003168 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003168 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1