ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  9 July 2019

	DOCKET NUMBER:  AR20170011260


APPLICANT REQUESTS:  change retired pay grade from Second Lieutenant (2LT) to 
First Lieutenant (1LT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) x 2
*	Order Number 294-178 
*	Discharge Certificate 
*	Physical Disability Information Report 

FACTS:

1.  The applicant states his rank and grade are listed incorrectly on his separation 
orders.  He is listed as a 2LT but should be listed as a 1LT.  The error was made during 
his out-processing. 

2.  The applicant provides:

*	DD Form 214, dated 6 September 2006, showing he was honorably discharged 
as a 1LT/O02
*	DD Form 214, dated 2 February 2017, showing he was honorably retired as a 
SGT/E05
*	Order Number 294-178, dated 20 October 2004, showing he was promoted to 
1LT effective 22 September 2004, with date of rank 22 September 2004 
*	Discharge Certificate, dated 6 September 2006, showing his rank as 1LT
*	Physical Disability Information Report, dated 18 July 2006, showing his rank as 
1LT

3.  A review of the applicant’s records show he:

*	22 March 2003 - commissioned as an officer in the Regular Army (RA) as a 2LT
*	22 September 2004 – was promoted to 1LT
*	6 April 2006 – received a referred Officer Evaluation Report 
*	6 September 2006 – was honorably discharged from the RA as a 1LT
*	31 July 2007 – the applicant enlisted in the RA
*	22 November 2016 – he received orders 327-0166 showing his retired grade as 
Sergeant (SGT/E5)
*	13 December 2016 – a Disability Grade Determination Board was conducted 
regarding the applicant, it was determined the highest grade satisfactorily served 
for the purpose of retirement pay was the grade of 2LT
o	16 January 2007, through the Promotion Review Board, the Secretary of 
the Army approved removing the applicant as a 1LT from the FY06 CPT, 
Army Promotion List 
o	applicant had received a relief for cause officer evaluation report (OER), 
dated 14 April 2006
o	the rater evaluated the applicant’s performance as unsatisfactory and that 
he lacked the motivation and had inability to execute simple tactical tasks 
caused him to relive him of his duties and not recommend for promotion 
o	the applicant submitted a rebuttal to the referred OER in which he states 
he was disadvantaged because he was not Ranger-qualified, he had a 
speech impediment, and his rater counseled him for not completing an 
arms room inspection by the rater’s method without giving prior guidance 
as he would want it completed since he did successfully in the past 
companies he was assigned to
*	25 January 2017 – the applicant received amended orders 025-0167 showing a 
change in his retired grade from SGT to 2LT 
*	2 February 2017 – the applicant was medically retired 

4.  Army Regulation 15-80 (Army Grade Determination Review Board and Grade 
Determinations) paragraph 3-2 states “highest grade served on active duty” is the grade 
to which a Soldier was actually promoted and paid pursuant to a lawful promotion.  
“Highest grade served on active duty” does not include merely being in a promotable 
status or serving in, “acting,” or holding a position or job title authorized at a higher 
grade, such as acting first sergeant.

BOARD DISCUSSION:

1.  The Board carefully the applicant’s request, supporting documents and evidence in 
the records.  The Board considered the applicant’s statement, the referred OER, his 
removal from the FY06 CPT, Army Promotion List and the determination of the 
Disability Grade Determination Board prior to his medical retirement.  After reviewing all 
the available evidence, the Board determined that his service in the grade of 1LT while 
on active duty was not satisfactory and that his Rank/Grade reflected on his medical 
retirement was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
REFERENCES:

Army Regulation 15-80 (Army Grade Determination Review Board and Grade 
Determinations) paragraph 3-2 states “highest grade served on active duty” is the grade 
to which a Soldier was actually promoted and paid pursuant to a lawful promotion.  
“Highest grade served on active duty” does not include merely being in a promotable 
status or serving in, “acting,” or holding a position or job title authorized at a higher 
grade, such as acting first sergeant.

ABCMR Record of Proceedings (cont)	 AR20170011260
	
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