BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004635 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 disability retirement orders to show he was placed on the retired list in the rank/grade of master sergeant (MSG)/E-8 vice sergeant first class (SFC)/E-7. 2. The applicant states promotion to MSG/E-8 was granted retroactively on 20140710 for 20130730 per regulations related to medical disability retirement for service-connection. He believes there was extreme malfeasance on the part of every level of command he has dealt with. The Defense Finance and Accounting Service (DFAS) would not process without his State (Massachusetts Army National Guard (MAARNG)) publishing orders. That took approximately 1 year to work out with his unit and State. Then DFAS refused to process because his records needed to be changed by the Army Board for Correction of Military Records (ABCMR). The ABCMR issued a denial "because they need a denial from DFAS." When he was deployed, Soldiers died because of this level of staff incompetence. The administrative runaround he has received throughout the past 2 years has impacted the financial wellbeing and security of his family. He expects this issue to be resolved expeditiously and completely as we would an operation. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 July 2013; DD Form 215 (Correction to DD Form 214), dated 22 December 2014; Promotion Orders 191-015, dated 10 July 2014; and a letter from DFAS. CONSIDERATION OF EVIDENCE: 1. The applicant's records show he enlisted in the MAARNG on 18 October 1980 and he held military occupational specialty (MOS) 13F (Fire Support Specialist). He served through multiple extensions of enlistment in a variety of assignments and he was promoted to SFC/E-7 on 21 March 2004. 2. On 10 November 2010, he entered active duty in support of Continental United States Support Base and on 14 July 2011, he was assigned to the Fort Dix Warrior Transition Battalion to participate in the medical retention processing program. 3. On 27 June 2013, a physical evaluation board (PEB) considered his disabling conditions of degenerative disc disease (cervical and lumbosacral), fibromyalgia, left and right median nerve compression, and right and left knee patellofemoral syndrome, and determined those conditions prevented satisfactory performance of duty in his primary MOS and grade. The PEB rated his conditions at 70 percent and recommended his permanent retirement. He concurred. 4. On 22 July 2013, Headquarters, U.S. Army Garrison, Fort Drum, NY, published Orders 203-1019 releasing him from assignment on 1 August 2013 by reason of disability and placing him on the permanent retirement list in his retired grade of SFC/E-7 effective 2 August 2013. 5. He retired on 1 August 2013 and he was placed on the Retired List on 2 August 2013. His DD Form 214 shows in: * item 4a (Grade, Rate or Rank) - SFC * item 4b (Pay Grade) - E-7 * item 12i (Effective Date of Pay Grade) - 2004-03-21 6. On 10 July 2014, Joint Force Headquarters, MAARNG published Orders 191-015 promoting him to MSG/E-8 with an effective date and date of rank of 30 July 2013, in accordance with the provisions of Title 10, U.S. Code, section 1372, which states Soldiers on a promotion list who are retired by reason of physical disability will be retired at the promotion list grade. 7. On 22 December 2014, an official at the MAARNG issued the applicant a DD Form 215 that corrected his rank/grade to MSG/E-8 and effective date of pay grade to 30 July 2013. 8. He provides a letter from DFAS advising him that changes to his retirement grade should be addressed to his branch of service. 9. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for the promotion and reduction of enlisted Soldiers. Paragraph 1-20(c) states per the provisions of Title 10, U.S. Code, section 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. 10. Title 10, U.S. Code, section 1372 (grade on retirement physical disability, members of the Armed Forces), states unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: * the grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired * the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired * the permanent regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination * the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty as a member of the MAARNG from 10 November 2010 to 30 July 2013. He entered the disability system and was rated by a PEB that recommended his permanent retirement. It appears he was on a State ARNG promotion list at the time he retired. The transition center at Fort Drum, NY that published his retirement orders was unaware of his promotable status or did not have the proper documentation to verify this status. As a result, his retirement orders placed him on the retired list as a SFC/E-7. 2. His State ARNG published his promotion orders on 10 July 2014 but with an effective date of 30 July 2013, in accordance with Title 10, U.S. Code, section 1372. His State ARNG also amended his DD Form 214 by issuing him a DD Form 215. However, his retirement orders should have also reflected the rank/grade of MSG/E-8, not SFC/E-7. 3. By law, any member of an armed force who is retired for physical disability is entitled to the grade equivalent to the permanent regular or Reserve grade to which he or she would have been promoted had it not been for the physical disability for which retired. He meets the criteria to have his retirement orders amended to reflect MSG/E-8. BOARD VOTE: __X______ _X_______ _X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: * amending Orders 203-1019, issued by Headquarters, U.S. Army Garrison, Fort Drum, NY on 22 July 2013, to show he was placed on the retired list in the grade of MSG/E-8 * paying him any back retired pay he is due 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) AR20150004635 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004635 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1