ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170004596


APPLICANT REQUESTS:  Correction of his record to show he retired in the rank/grade of Staff Sergeant/SSG/E-6 rather than as a Sergeant/SGT/E-5

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Army Grade Determination Review Board (AGDRB) decision document

FACTS:

1.  The applicant states the AGDRB retired him as an E-6.

2.  The applicant provides a decision document from the AGDRB, dated 13 December 2016, showing that the AGDRB had determined that the highest grade in which he served satisfactorily for the purpose of computation of his disability retirement pay is the grade of E-6.

3.  A review of the applicant’s service record shows:

     a.  After prior service in the United States Marine Corps and the Army National Guard of the United States, he enlisted in the Regular Army on 2 November 2005.  He reenlisted for an indefinite period on 4 December 2007.

     b.  On 6 June 2016, he received non-judicial punishment for dereliction of duty and false official statement.  His punishment consisted of a reduction from SSG/E-6 to SGT/E-5 and a suspended forfeiture of pay.  

     c.  On 10 October 2016, a Physical Evaluation Board (PEB) found applicant unfit for duty and recommended he be placed on the Temporary Disability Retired List (TDRL) with a seventy percent rating related to post-traumatic stress disorder and shoulder issues.

     d.  On 15 November 2016, the United States Army Physical Disability Agency forwarded his case to the AGDRB.
     e.  He was placed on the TDRL on 27 November 2016.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* item 4a (Grade, Rate or Rank), SGT
* item 4b (Pay Grade), E-5
     
     f.  On 13 December 2016, in case number AR20160017741, the AGDRB determined that applicant’s highest grade satisfactorily held for the purpose of the computation of disability retirement pay was SSG/E-6. 

4.  By law and regulation, Soldiers retiring for disability are entitled to retire in the highest grade satisfactorily held.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  The Board agreed he was placed on the TDRL 27 November 2019 as a SGT.  However, he was granted his highest rank held by the grade determination board.  The Board agreed to show his rank as SSG effective the date he was placed on the retirement list.

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 a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by:
* changing Item 4a to read “SSG”
* changing Item 4b to read “E06”
	 
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.  10 USC, section 1372 (Grade on retirement for physical disability: members of armed forces), in effect at the time, states that 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, or whose name is placed on the temporary disability retired list (TDRL), 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 TDRL 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 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 15-80 (Boards, Commissions, and Committees—Army Grade Determination Review Board and Grade Determinations), in effect at the time, governs the actions and composition of the Army Grade Determination Review Board (AGDRB).  The AGDRB determines or recommends the highest grade satisfactorily held for service/physical disability retirement, retirement pay, and separation for physical disability.

     a.  Paragraph 2-4 states the AGDRB will consider each case on its own merits.  Generally, determination will be based on the Soldiers overall service in the grade in question.  Circumstances pertinent to whether such service is found satisfactory include, but are not limited to the following:

* Medical reasons, which may have been a contributing or decisive factor in a reduction in grade, misconduct, or substance performance
* Compassionate circumstances
* Lengths of time in grade
* Performance level
* Nature and severity of misconduct, if any
* The grade at which the misconduct was committed  

     b.  Paragraph 2-5b states that service in the highest grade or an intermediate grade normally will be considered to have been unsatisfactory when reversion to a lower grade was expressly for prejudice or cause, owing to misconduct, caused by nonjudicial punishment, or the result of the sentence of a court-martial.  

     c.  Paragraph 2-6 states that if service in the highest grade held was unsatisfactory, the Soldier can be deemed to have served satisfactorily in the next lower grade held.  

     d.  Paragraph 3-1, states for enlisted Soldiers the AGDRB will make final determinations on behalf of the Secretary of the Army.  It will determine the highest grade in which a Soldier has served satisfactorily for purposes of physical disability retirement, computation of retired pay, or separation for physical disability.  Enlisted grade determinations will result in either a decision to retain the individual’s current grade or to advance to a higher grade in which the individual satisfactorily served.   

ABCMR Record of Proceedings (cont)	 AR20170004596


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