BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000750 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000750 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000750 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 correction of his records to show his retired rank/grade as sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. 2. He states from 5 May 2013 until he began the Integrated Disability Evaluation System (IDES) process, he officially held an E-5 and an E-6 position with increasing levels of responsibility. However, due to his medical condition, he never went before a promotion board, despite maintaining a valid Army Physical Fitness Test (APFT) and weapon qualification score. 3. He provides his Enlisted Record Brief (ERB) and U.S. Army Installation Management Command and Headquarters, U.S. Army Garrison, Fort Drum, Orders 240-1014, dated 28 August 2015. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 2 May 2011. He was trained in and awarded military occupational specialty (MOS) 13D (Field Artillery Automated Tactical Data Systems Specialist). 2. On 1 December 2012 he was promoted to SPC/E-4. 3. The applicant's records are void of a DA Form 2-1 (Personnel Qualification Record), an APFT Scorecard, or a physical profile. Additionally, there is no evidence showing he successful graduated from the Structured Self-development Course (SSD 1). 4. His ERB, dated 16 September 2015, shows a physical profile rating of "311111." It also shows APFT data of "201311/Passed/254." 5. On 18 August 2015, a physical evaluation board (PEB) convened and found the applicant physically unfit due to a vocal card dysfunction. The onset occurred in 2014 while the applicant was in the continental United States. The board stated the physical profile limitations associated with this condition makes the applicant unable to reasonably perform in his primary MOS (PMOS). The board recommended a 50-percent disability rating and permanent disability retirement. The applicant concurred with the PEB recommendation. 6. On 25 November 2015, he was permanently retired due to disability. U.S. Army Installation Management Command and Headquarters, U.S. Army Garrison, Fort Drum, Orders 240-1014, dated 28 August 2015, show his retired rank as SPC. 7. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 6 months, and 24 days of active service. It also shows his rank/pay grade as SPC/E-4 with a date of rank of 1 December 2012. REFERENCES: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. a. Soldiers in the DES process who are pending a medical fitness determination (referral to a medical evaluation board under Army Regulation 40-400 (Patient Administration) or PEB under Army Regulation 635-40 (Disability Evaluation for 'Retention, Retirement, or Separation) remain otherwise eligible for promotion consideration, selection, and pin-on. The issuance of a permanent profile of "3" or "4" alone will not be used as the sole basis for determining PMOS disqualification. b. Table 3-1 provides the eligibility criteria for recommendation to a promotion board. It states that for recommendation to SGT, the Soldier must have completed the professional military education course of SSD 1. c. It further states that graduation of the Basic Leader Course (BLC) is a promotion requirement for SGT. 2. Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 5-6 requires the preparer to enter in item 4a/4b the active duty grade or rank and pay grade at the time of separation and in item 12i (Effective Date of Pay Grade) from the most recent pay document. 3. Title 10, U.S. Code, section 1372, states that Soldiers on a promotion list who are retired for physical disability or who are placed on the Temporary Disability Retired List (TDRL) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the Retired List or TDRL, regardless of cutoff scores, sequence numbers, or position availability. DISCUSSION: 1. By the applicant's own admission, he never appeared before a promotion board. He argues, in effect, that he was denied promotion consideration due to his medical condition. 2. The regulation, as cited above, states that Soldiers in the DES process who are pending a PEB remain otherwise eligible for promotion consideration, selection, and pin-on. The issuance of a permanent profile of "3" alone will not be used as the sole basis for determining PMOS disqualification. 3. The regulation further states to be recommended to the grade of SGT, the applicant must have completed the professional military education course of SSD 1. There is no evidence of record and the applicant did not provide any evidence to show he completed this course and that he was fully eligible for recommendation and/or promotion consideration to SGT. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000750 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000750 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2