IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150004411 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 a promotion to staff sergeant (SSG). 2. The applicant states: * he was promotable before he started the medical evaluation board (MEB) process * he was unable to take an Army Physical Fitness Test before April 2014 * he was also preparing to go to the promotion board in January 2014, but due to his disability he was unable to do so * he was told he didn't have to worry about anything as long as he was promotable at the beginning, he would be promoted when the MEB was finished 3. The applicant provides: * recommended promotion list * four DA Forms 3349 (Physical Profile) * two Enlisted Record Briefs * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 7652 (Physical Disability Evaluation System Commander's Performance and Functional Statement) * four DA Forms 2166-8 (Noncommissioned Officer Evaluation Report) * retirement orders CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 21 January 2004 and trained as an aircraft powertrain repairer. He was promoted to sergeant (SGT) effective 1 August 2008. He served in: * Kuwait/Iraq from 11 January 2005 to 12 January 2006 * Kuwait/Iraq from 6 August 2010 to 28 February 2011 * Afghanistan from 4 February 2013 to 3 September 2013 2. He provided a DA Form 3349, dated 6 January 2014, showing he was issued a permanent physical profile rating of 3 under the physical capacity or stamina factor for multiple sclerosis (MS). 3. He provided documentation which shows his name was placed on a recommended list for promotion to SSG (primary zone) in January 2014. 4. He provided a DA Form 3349, dated 25 April 2014, showing he was issued a permanent physical profile rating of 3 under the physical capacity or stamina factor for MS and incapacitating headaches, and a permanent physical profile rating of 2 under the eyes factor for nerve damage causing double vision. 5. His MEB proceedings are not available for review. 6. On 22 July 2014, an informal physical evaluation board (PEB) found him physically unfit. The PEB recommended his permanent disability retirement with a combined disability rating of 100 percent due to: * MS * left arm carpal tunnel syndrome with involuntary muscle spasms and weakened grip, secondary to MS * headaches, secondary to MS * neurocognitive disorder due to MS with other specified trauma and stressor-related disorder * multilevel degenerative disc disease of the lumbar spine with mild bulging and residual of mild to moderate back pain, stiffness, and spasms * chronic fatigue syndrome, secondary to MS * right leg involuntary muscle spasms with numbness and weakness, secondary to MS * left leg involuntary muscle spasms with numbness and weakness, secondary to MS * bilateral diplopia, secondary to MS 7. He retired on 2 November 2014 in the rank of SGT by reason of permanent disability and he was placed on the Retired List in the rank of SGT effective 3 November 2014. 8. There are no orders in the available records showing he was promoted to SSG/E-6. 9. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade and the Soldier will be promoted to the designated grade effective the day before placement on the Retired List. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was recommended for promotion to SSG in January 2014 and his name was placed on an SSG/E-6 recommended promotion list. The governing regulation states Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade and will be promoted to the designated grade effective the day before placement on the Retired List. His records should be corrected to show he was promoted to SSG effective 2 November 2014 and he was placed on the Retired List in the rank of SSG effective 3 November 2014. He is entitled to retroactive retired pay at the E-6 rate effective 3 November 2014 as a result of this corrective action. 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 was 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: a. showing he was promoted to SSG effective 2 November 2014 and he was placed on the Retired List in the rank of SSG effective 3 November 2014, and b. paying him retroactive retired pay at the E-6 rate effective 3 November 2014 as a result of this correction. ____________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) AR20150004411 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004411 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1