BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150002938 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, in effect, correction of his retirement orders to show he was placed on the Retired List in the rank/grade of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. 2. The applicant states a review board determined on 11 September 2014 that the highest rank/grade in which he served satisfactorily was SGT/E-5; the board results were approved on 1 October 2014. 3. The applicant provides a memorandum from the Army Review Boards Agency, dated 1 October 2014, and a memorandum from the U.S. Army Physical Disability Agency (USAPDA), dated 6 October 2014. CONSIDERATION OF EVIDENCE: 1. Following prior service in the Regular Navy and Naval Reserve, the applicant enlisted in the Regular Army on 19 March 2008. He completed the Warrior Transition Course at White Sands Missile Range, New Mexico, followed by Advanced Individual Training (AIT) at Fort Jackson, South Carolina. After completing AIT, he was awarded military occupational specialty 91B (Wheeled Vehicle Mechanics Course). 2. Following a 12-month unaccompanied tour in the Republic of Korea, he was reassigned on or about 10 October 2009 to the 125th Brigade Support Battalion at Fort Bliss, Texas. 3. He was promoted to the rank/grade of SGT/E-5 on 1 January 2012. 4. He was reassigned on or about 8 January 2013 to the 1st Battalion, 4th Infantry Regiment at Hohenfels, Germany. 5. He accepted nonjudicial punishment, under the provisions of Article 15 of the Uniform Code of Military Justice, on 12 September 2013 for willfully disobeying the orders of, and displaying disrespect toward, a noncommissioned officer (NCO) on several instances between 28 February and 5 August 2013. His punishment included reduction to the rank/grade of SPC/E-4. 6. A physical evaluation board (PEB) convened on 27 June 2014 and found him physically unfit for retention. The PEB recommended a disability rating of 60 percent and his placement on the permanent disability retired list. The PEB findings and recommendation were approved by the USAPDA on 28 July 2014. 7. Orders 231-0001, issued by the Installation Management Command – Europe, U.S. Army Garrison Bavaria Transition Center on 19 August 2014, ordered his retirement from active duty on 22 October 2014, with placement on the Retired List in the rank/grade of SPC/E-4 on 23 October 2014. His rank is identified in the standard name line of these orders as SPC, indicating he was serving in the rank of SPC when the orders were published. 8. The Army Grade Determination Review Board (AGDRB) convened on 11 September 2014, on behalf of the Secretary of the Army under the provisions of Army Regulation 15-80 (AGDRB and Grade Determinations). After a thorough review of the applicant's records and PEB Proceedings, the AGDRB determined the highest grade the applicant served satisfactorily in, for the purpose of computing his disability retirement pay, was the rank/grade of SGT/E-5. 9. He was honorably retired from the Army on 22 October 2014. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) show he was serving in the rank/grade of SPC/E-4 on the date of his retirement. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his retirement orders to show he was placed on the Retired List in the rank/grade of SGT/E-5 instead of SPC/E-4 was carefully considered. 2. The AGDRB convened on 11 September 2014 and determined the highest grade the applicant served in satisfactorily, for the purpose of computing his disability retirement pay, was the rank/grade of SGT/E-5. 3. The applicant's retirement orders ordered his retirement from active duty on 22 October 2014, with placement on the Retired List in the rank/grade of SPC/E-4 on 23 October 2014. These orders do not reflect the AGDRB's determination, prior to his date of retirement, that the highest rank/grade he served satisfactorily in, for the purpose of computing his disability retirement pay, was SGT/E-5. BOARD VOTE: ____X____ ___X_____ _X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his retirement orders to show he was placed on the Retired List in the rank/grade of SGT/E-5. _______ _ 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) AR20100020768 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002938 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1