ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  28 August 2019

	DOCKET NUMBER:  AR20180001005


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the rank/grade of sergeant (SGT)/E-5 vice specialist (SPC)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Orders 240-0129
* DD Form 214

FACTS:

1.  The applicant states his final rank was never properly completed by his unit.  When he was separating, his unit failed him in completing the promotion orders.  He spoke directly with his chain of command, but he was pushed aside because he was retiring.  He was told he was of no use.  He had no suspensions of favorable personnel actions or anything that would have prevented him from being promoted when he was separated.  He was told many times he was not a priority, but that their deployment was more important.  The Army Regulation allows for his promotion from SPC to SGT upon retirement.  His command team failed him by placing their needs above the needs of their Soldiers.

2.  A review of the applicant’s service records show:

	a.  He enlisted in the Regular Army on 10 September 2012.

	b.  He served in Korea from 25 March 2013 to 10 May 2015.

	c.  His Enlisted Record Brief shows in Section III (Service Data):

* private/E-2, 10 September 2012
* private first class/E-3, 21 November 2012
* SPC/E-4, 10 September 2014

3.  His record is void of documentation showing the applicant appeared before a promotion board, was recommended for promotion, or that the promotion authority approved the promotion board results.

4.  He was honorably retired due to disability on 15 November 2017.  His DD Form 214 shows he completed 5 years, 2 months, and 6 days of active service.  It also shows in:

* item 4a (Grade, Rate or Rank), SPC
* item 4b (Pay Grade), E-04
* item 12i (Effective Date of Pay Grade), 10 September 2014

5.  By regulation:

	a.  For items 4a and 4b, verify that active duty grade or rank and pay grade are accurate at time of separation and for item 12i, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current grade.

	b.  Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.

	c.  To be eligible for consideration, selection, and promotion to SGT, Soldiers must be considered and placed in the selection objective of the current promotion list.  All Soldiers must go through the board process before they may be selected and promoted.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was no evidence that the applicant was in a promotable status to SGT when he was medically retired.  The Board did note that the applicant raised an issue about his unit failing to properly process his promotion packet, but there is insufficient evidence to corroborate that statement.  For that reason, the Board recommended denying the applicant’s requested relief.


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:

1.  Army Regulation (AR) 635-8 (Separation Processing and Documents), in effect at the time, prescribes policy and procedural guidance relating to transition management.  

	a.  Paragraph 5-6 (Rules for Completing the DD Form 214 (Certificate of Release or Discharge from Active Duty)) states for:

* block 4 (Grade, Rate or Rank), verify that active duty grade or rank and pay grade are accurate at time of separation
* block 12i (Effective Date of pay Grade), from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current grade

	b.  Paragraph 6-7 (Policy Concerning Pending Promotion or Automatic Advancement in Grade) as codified in Title 10 U.S. Code, section 1372 (Grade on retirement for physical disability: members of the Armed Forces), states enlisted Soldiers who are on a promotion list when retired for physical disability under 10 U.S. Code 1201 or 1204, or who is placed on the temporary disability retired list under 10 U.S. Code 1202 or 1205, will be retired for disability at the promotion list grade.  The enlisted Soldier will be promoted to the designated grade effective the day before placement on the retired list regardless of the cut-off scores, sequence numbers, or position availability.

3.  AR 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.

	a.  Section IV (Promotion to Sergeant through Sergeant Major), paragraph 7-20 (Criteria), to be eligible for consideration, selection, and promotion to sergeant through sergeant major, Soldiers must be considered and placed in the selection objective of the current promotion list.  All Soldiers must go through the board process before they may be selected and promoted.

	b.  Paragraph 1-20c, per the provisions of 10 U.S. Code 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.

ABCMR Record of Proceedings (cont)	 AR20180001005


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