ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


				IN THE CASE OF:  

				BOARD DATE:  5 September 2019

				DOCKET NUMBER:  AR20160018073


APPLICANT REQUESTS:  Correction of his records to show his retired rank/grade as sergeant first class (SFC) instead of staff sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:   Fiscal Year 2016 SFC Promotion List.

FACTS:

1.  The applicant enlisted in the Regular Army on 16 January 2008 for a period of 4 years.

2.  The applicant states the promotion list for the Fiscal Year 2016 (FY16) Regular Army (RA) and Active Guard/Reserve (AGR) SFC Promotion Board convened on 1 June 2016 and the results were officially published on 26 September 2016.  He was selected for promotion to the rank/grade of SFC/E-7 with sequence number 105.  His retirement date was on 23 August 2016.  His official military documentation should be corrected to show his rank/grade as SFC/E-7 since the results of those who were selected for promotion to the rank/grade of SFC/E-7 were determined prior to his retirement on 23 August 2016.

3.  Review of the applicant's service records shows: 

	a.  The applicant enlisted in the Regular Army on 16 January 2008.  He was advanced through the ranks to staff sergeant on 1 October 2013. 

	b.  U.S. Army Human Resources Command Military Personnel (MILPER) Message Number 16-050, subject:  Fiscal Year 2016 (FY16) Regular Army (RA) and Active Guard/Reserve (AGR) SFC Promotion Board Announcement, announced the requirements for the upcoming FY16 RA and AGR SFC Promotion Board.

	c.  His DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 1 April 2016, shows a PEB found him physically unfit, recommend a 60-percent disability rating, and placement on the Temporary Disability Retired List (TDRL).  He concurred with the findings and recommendations.
	d.  On 22 August 2016, he was honorably retired and placed on the TDRL.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his rank/grade as SSG/E-6.

	e.  U.S. Army Installation Management Command Orders 137-0500, dated 16 May 2016, shows he was placed on the TDRL effective 23 August 2016 in the rank/grade of SSG/E-6.

	f.  U.S. Army Human Resources Command MILPER Message Number 16-255, dated 13 September 2016, subject:  Official Release of the FY16 RA and AGR SFC Promotion Selection List, shows:

	g.  The official results of the FY16 RA and AGR SFC Promotion Selection List would be pre-positioned to authorized agents in Electronic Total Officer Personnel Management Information System (eTOPMIS) on 27 September 2016 and this information would be treated as closed hold until the official release date.

	h.  The applicant was a promotion selectee; however, the official release of this information as well as the entire promotion list was not authorized until 29 September 2016. 

	i.  U.S. Army Human Resources Command Orders Number 166-3, dated 15 June 2017, show in part, he was promoted to the rank/grade of SFC with an effective date and date of rank listed as 22 August 2016.  The orders also stated, "Promotion is not valid and will be revoked if he is not in a promotable status on the effective date of promotion.  Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade.  Further, the Soldier will be promoted effective on the Soldier's separation date."

	j.  On 1 October 2018, a PEB found him physically unfit, recommended a 60-percent disability, and a permanent disability retirement. 

	k.  On 8 October 2018, he concurred with the findings and recommendations of the PEB.

	l.  On 17 October 2018, the findings and recommendations of the PEB were approved by the Secretary of the Army designee.  

	m.   U.S. Army Physical Disability Agency Order D290-58, dated 17 October 2018, shows he was removed from the TDRL effective 17 October 2018 and he was permanently retired due to a disability on the same date in the rank of SSG.

	n.  His Master Military Pay Records shows his retired rank/grade as SSG/E-6.

	o.  His records are void of any evidence U.S. Army Human Resource Command Orders Number 166-3, dated 15 June 2017, were revoked.  

4.  The evidence of record shows the applicant was discharged on 22 August 2016 and not in a promotable status on the effective date of promotion to SFC and on the release date of the FY16 RA and AGR SFC Promotion List which was listed as 29 September 2016.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the FY promotion list for which the applicant was selected did not get released until after the applicant had already been medically retired, the Board concluded that the requested relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

X		X	X	DENY APPLICATION

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.
		 
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:

Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, in effect at the time, stated 

	a.  Per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list who are retired for physical disability (Title 10, U.S. Code, section 1201 or 1204) or who are placed on the TDRL (Title 10, U.S. Code, section 1202 or 1205) 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.  In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1–10 which lists non-promotable status categories.  The Noncommissioned Officer Evaluation System requirements in paragraph 1–28 are waived.  Forward a copy of RA promotion/retirement orders 10 days prior to the effective date of promotion to the following email address, usarmy.knox.hrc.mbx.tagd-sr-enlisted-promotions@mail.mil for inclusion into the total Army personnel data base (TAPDB).

	b.  Per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade.  Further, the Soldier will be promoted effective on the Soldier’s separation date.


ABCMR Record of Proceedings (cont)	 AR20160018073
0

3


1