BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001787 BOARD VOTE: ___x______ _x______ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001787 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: a. amending Order D 266-62, U. S. Physical Disability Agency, dated 23 September 2015 to show his retired grade as E-6; and b. paying him all authorized retired back pay 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001787 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 military records by showing he was retired in the rank of staff sergeant (SSG), pay grade E-6. 2. The applicant states the highest rank/pay grade he held was SSG/E-6. He maintained that rank for 2 years from 2010 to 2012. On 2 July 2012 he was honorably separated from the Indiana Army National Guard (INARNG) and as a Reserve of the Army as a SSG. He reenlisted on 29 August 2012, in the rank of sergeant (SGT), pay grade E-5. He was not afforded the opportunity to attend the Advanced Leaders Course, so he was not promoted to SSG (during this enlistment period). He did not discover the error in his retired rank until he received his retirement orders. 3. The applicant provides no additional documentation. CONSIDERATION OF EVIDENCE: 1. On 3 January 2000, the applicant enlisted in the INARNG. 2. Orders 120-1011, issued by Joint Forces Headquarters, INARNG, on 30 April 2010, announced the applicant’s promotion to SSG, pay grade E-6, effective 1 May 2010. 3. An NGB Form 22 (Report of Separation and Record of Service) for the period ending 2 July 2012 shows the applicant was honorably separated from the INARNG and as a Reserve of the Army. This form shows he held the rank and grade of SSG/E-6. 4. On 30 August 2012, the applicant again enlisted in the INARNG in the rank of SGT, pay grade E-5. 5. In a memorandum dated 23 September 2015, the U.S. Army Physical disability Agency (USAPDA) advised the applicant he would be permanently retired with a 50 percent disability rating based on their findings and recommendations. 6. Order D 266-62, USAPDA, dated 23 September 2015, announced the applicant’s permanent disability retirement, stating: a. Date placed on retired list: 28 October 2015; b. Retired grade of rank: E-5 c. Authority: Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) d. Statute authorizing retirement: (Title 10, U.S. Code, section) 1204 7. NGB Form 22, effective 27 October 2015, announced the applicant’s separation from the INARNG in the rank of SGT, pay grade E-5. 8. Orders 352-1059, Joint Forces Headquarters, INARNG, dated 18 December 2015, announced the applicant's honorable discharge from the ARNG and assignment to The Retired Reserve effective 27 October 2015. The rank shown on this order is SGT. REFERENCES: 1. Title 10, U.S. Code, section 1372 provides that unless the individual is 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 1204 of this title is entitled to the grade equivalent to the highest of the following: a. 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. b. 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. c. 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. d. 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. 2. Army Regulation 635-40 provides that the grade at which a Soldier is retired or receives disability severance pay will be at the highest of the options listed below: a. Current grade. Without regard to amount of time held. b. Highest grade satisfactorily held. Soldiers determined unfit who are not currently serving in the highest grade served will be referred by the U.S. Army Physical Disability Agency to the Army Grade Determination Review Board (AGDRB), unless the Soldier is entitled to a higher or equal grade by operation of law or the Soldier upon being advised of his entitlement to a review fails to submit matters. If a Soldier referenced in this paragraph does not receive a review by the AGDRB before placement on the disability retired list, separation with severance pay for disability, or receives a review and is dissatisfied with the determination, the Soldier may apply to the Army Board for Correction of Military Records for a review of their retired grade. DISCUSSION: 1. Orders show the applicant was promoted to SSG, pay grade E-6, effective 1 May 2010, and he held this rank and pay grade when he was honorably separated from the INARNG on 2 July 2012. After a break in service, he reenlisted in the INARNG in August 2012 at the lower rank and grade of SGT/E-5. 2. On 28 October 2015, the applicant was placed on the permanent retired list due to physical disability in the rank and grade of SGT/E5. 3. There is no evidence the applicant’s record was forwarded by the USAPDA to the AGDRB to determine his grade at retirement. The evidence indicates the applicant satisfactorily held the rank of SSG, pay grade E-6, and met the criteria to be retired in that grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001787 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001787 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2