ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                

                   BOARD DATE:  4 April 2019

                   DOCKET NUMBER:  AR20160013464


APPLICANT REQUESTS:  a corrected DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his separation as retired and his rank as 
sergeant/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 363A (Certificate of Retirement), dated 26 February 2007
*	Orders D194-19, U.S. Army Physical Disability Agency, Washington D.C.,    
dated 13 July 2011
*	Letter, Defense Finance and Accounting Service, dated 19 September 2011

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20090001621 on 7 July 2009.

2.  The applicant states his records were corrected in July 2011 but he never received a 
corrected DD Form 214.  His status was changed from separation to retired and from   
E-4 to E-5.  

3.  The applicant was promoted to sergeant/E-5 on 1 April 2004.

4.  On the applicant's DD Form 214, item 4a (Grade, Rate or Rank) shows the applicant 
was an specialist, item 4b (Pay Grade) shows E04).  Item 12 h (Effective Date of Pay 
Grade) shows "2006 08 03."  He was honorably discharged on 25 August 2006 with a 
narrative reason for separation as disability, severance pay.

5.  There was no evidence in the applicant's service record, nor did the applicant 
provide evidence of his reduction from sergeant/E-5 to specialist/E-4.  

6.  The applicant applied to the Army Board for Correction of Military Records (ABCMR) 
and requested that his rank of sergeant/E-5 be restored.  He states, in effect, he was 
demoted after proving to the commander that he was in need of medications at the time 
of the incident but the commander did not care.  The applicant provided no supporting 
documents.  The ABCMR denied his request on 26 February 2008.

7.  The applicant again applied to the ABCMR and requested, in effect, correction of the 
rank and pay grade shown on his discharge document.  He states, in effect, his highest 
grade while in the service was sergeant/E-5; however, his discharge document shows 
the grade specialist/E-4.  The applicant provided no additional documentary evidence.  
The ABCMR denied his request on 7 July 2009.

8.  The applicant again applied to the ABCMR on 19 May 2010, requesting his demotion 
be reversed because it was an injustice.  He says it was an injustice because he proved 
then that he was in need of medication and he felt he was punished for being sick.  He 
says he did not fight his demotion at the time because he was exhausted, he did not 
want to stay in the Army longer to fight his demotion, and his health was deteriorating.  

9.  On 14 May 2010, the applicant applied to the Physical Disability Board of Review for 
permanent disability retirement.  The applicant listed his rank as E-4 on his DD Form 
294 (Application for a Review by the Physical Disability Board of Review (PDBR) of the 
Rating Awarded Accompanying a Medical Separation from the Armed Forces of the 
United States).  However, in the record of proceedings the PDBR referred to the 
applicant as sergeant/E-5.   

10.  The applicant was approved permanent disability retirement and was placed on 
retirement list on 26 August 2006 with orders 165-0005, Headquarters, U.S. Army 
Garrison, Fort Meade, MD, dated 14 June 2011.  His rank is shown as specialist/E-4.

11.  On 13 July 2011, the U.S. Army Physical Disability Agency published an order 
removing the applicant from the Temporary Disability Retirement List (TDRL) and 
permanently retiring him on 26 February 2007.  The order shows the applicant's rank as 
sergeant/E-5.  The applicant provided a copy of his Certificate of Retirement showing 
his rank as sergeant/E-5.

12.  On 26 June 2018, the Human Resource Command, Fort Knox, KY, published a   
DD Form 215 (Correction to DD Form 214) to correct his DD Form 214 for period 
ending 25 August 2006.  His rank was not changed from specialist/E-4.  The DD Form 
215 shows the following changes:

*	item 9 (Command to Which Transferred):  U.S. Army Reserve Control Group 
(Retirement) 1600 Spearhead Division Ave Fort Knox, KY 40122
*	item 18 (Remarks): Delete:  Disability Severance Pay--$24,021.00
*	item 23 (Type of Separation):  Retirement
*	item 25 (Separation Authority):  Army Regulation 635-40, Paragraph 4-24b(2)
*	item 26 (Separation Code):  SFK (Temporary Disability – Retired) 
*	item 27 (Reentry Code): 4
*	item 28 (Narrative Reason for Separation):  Disability, Temporary//Nothing 
Follows

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The Board reviewed the previous ABCMR cases and decided 
to amend their decisions.  The record shows orders in which he was promoted to SGT, 
however, no demotion orders.  The applicant’s statement shows he admits he was 
demoted by his commander.  The Board agreed since there are no demotion orders in 
the file that the applicant should receive relief.  The government erred by not placing the 
demotion document in his file.  There were system demotion transactions in which 
DFAS and PDA determined he would be placed on the retirement list as SPC, and paid 
as SPC.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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 amendment of the 
ABCMR's decision in Docket Number AR20090001621 on 7 July 2009.  As a result, the 
Board recommends that all Department of the Army records of the individual concerned 
be corrected by amending his record to show he was retired at the rank and grade of 
SGT/E-5.


				  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the 
time, prescribed the enlisted promotions and reductions function of the military 
personnel system.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at 
the time, prescribed the specific authorities (statutory or other directives), reasons for 
separating Soldiers from active duty, and the SPD codes to be entered on the 
DD Form 214.  The appendix shows SPD code SFK represents disability, temporary.

4.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 
prescribes eligibility criteria governing the enlistment of persons.  Table 3-1 shows U.S. 
Army reentry eligibility codes, RE-3 applies to:  person who is not considered fully 
qualified for reentry or continuous serve at time of separation, but disqualification is 
waivable.  RE-4 applies to:  person separated from last period of service with a 
nonwaivable disqualification, ineligible for enlistment.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160013464
	
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