ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 January 2020 DOCKET NUMBER: AR20170009057 APPLICANT REQUESTS: promotion to sergeant major (SGM)/E-9. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Enlisted Record Brief, dated 7 February 2013 * DA Form 7652 (Physical Disability Evaluation System (PDES) Commander's Performance and Functional Statement), dated 17 June 2015, page 1 only * Senior Enlisted Promotion List, dated 9 July 2015 * DA Form 5896 (Soldier’s Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB) Counseling Checklist), dated 8 March 2016 REFERENCES: 1. 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. It provided the objectives of the Army’s Enlisted Promotions System, which include filling authorized enlisted spaces with the best qualified Soldiers. a. Paragraph 1-20 (Promotion of Soldiers in the Disability Evaluation System (DES)) stated: (1) Soldiers in the DES process who are pending a medical fitness determination (referral to an MEB under Army Regulation 40-400 (Medical Services Patient Administration) or PEB under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) remain otherwise eligible for promotion consideration, selection, and pin-on. (2) Per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list who are retired for physical disability (section 1201 or 1204) or who are placed on the Temporary Disability Retired List (TDRL) (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 fully eligible for promotion in accordance with Army Regulation 600-8-19, paragraph 1-10. b. Paragraph 1-28 (Noncommissioned Officer Education System Requirement for Promotion and Conditional Promotion) stated Soldiers must complete the U.S. Army Sergeants Major Course for promotion to SGM. 2. Army Regulation 600-8-19, effective 16 May 2019 and currently in effect, paragraph 1-21e, states “Per the provisions of 10 USC 1372, Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the temporary disability retired list (TDRL) (10 USC 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 1–11 (the NCOPDS requirements in paragraph 1–29 are waived). 3. Military Personnel Message 13-106 (Enlisted Promotion Clarification for Soldiers in the DES/Army Regulation 600-8-19, Paragraph 1-20), dated 18 April 2013, stated that per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list who are retired for physical disability (section 1201 or 1204) or who are placed on the TDRL (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 to the designated grade effective the day before placement on the Retired List or TDRL regardless of cut-off scores, sequence numbers, or position availability. In all cases, the Soldier must otherwise be fully eligible for promotion in accordance with Army Regulation 600-8-19, paragraph 1-10. FACTS: 1. The applicant states she was on the North Carolina Army National Guard promotion list when she was placed on the Permanent Disability Retired List. According to Title 10, U.S. Code, section 1372, and Military Personnel Message 13-106 (Enlisted Promotion Clarification for Soldiers in the DES/Army Regulation 600-8-19, Paragraph 1-20) she should have been promoted to SGM/E-9 on 26 April 2016. 2. She provided her Enlisted Record Brief, dated 7 February 2013, showing her rank as master sergeant (MSG). 3. She provided page 1 of her DA Form 7652, dated 17 June 2015, showing she was on a semi-centralized or centralized promotion list. 4. She provided an Army National Guard Senior Enlisted Promotion List, dated 9 July 2015, showing her name as number 100 on the order of merit list. 5. She provided her DA Form 5896, showing she and the PEB Liaison Officer initialed and signed her completed MEB/PEB counseling checklist on 8 March 2016. 6. U.S. Army Physical Disability Agency Order D 083-44, dated 23 March 2016, placed her on the Retired List in the retired grade of E-8 effective 27 April 2016. 7. State of North Carolina Department of Public Safety, Joint Force Headquarters, Orders 227-863, dated 14 August 2016, discharged her from the Army National Guard effective 26 April 2016. 8. State of North Carolina Department of Public Safety, Joint Force Headquarters, Orders 227-864, dated 14 August 2016, amended Orders 227-863 by placing her on Permanent Disability Retired List. 9. Her National Guard Bureau Form 22 (Report of Separation and Record of Service) shows she was placed on the Permanent Disability Retired List in the rank/grade of MSG/E-8 on 26 April 2016. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. In accordance with the provisions of Military Personnel Message 13-106 (Enlisted Promotion Clarification for Soldiers in the DES/Army Regulation 600-8-19, Paragraph 1-20), dated 18 April 2013, and AR 600-819, paragraph 1-21e, the applicant should have been retired at the rank of SGM. When the applicant was retired on 27 April 2016, she was on an ARNG Senior Enlisted Promotion List with an Order of Merit number of 100. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing that the applicant was retired for disability at the rank of SGM effective 25 April 2016 and that she be provided any requisite back pay and benefits applicable. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009057 4 1