ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20180016848


APPLICANT REQUESTS: his retirement pay grade be corrected to reflect highest grade 
held in the rank of Staff Sergeant (SSG)/ E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Promotion 
*	DA Form 1050 (Service School Academic Evaluation Report)
*	Military Police Advance Leadership Course (ALC) Graduation Certificate 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records (ABCMR) conducted a substantive review of this case and determined 
it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he served honorably as a SSG for 3 years, but was demoted for 
adultery in 2011.  He was promotable prior to receiving his medical retirement. 

3.  The applicant provided a:

*	certificate of promotion showing he was promoted to SSG effective                           
1 September 2007
*	DA Form 1050 showing his rank as SSG
*	Military Police ALC Graduation Certificate showing he completed ALC in the 
rank of SSG

4.  A review of the applicant’s records show:

*	18 January 2001 – he enlisted in the Regular Army 
*	his Enlisted Records Brief shows he was promoted to:
o	 Sergeant (SGT)/ E-5 on 6 April 2011 
o	SSG on 1 September 2007
*	Order 331-1317 shows he was released from active duty because of physical 
disability and retired with permanent physical disability, effective                                           
30 November 2012 in the rank of SGT
*	it is void of orders or other documents reducing him as a result of adultery
*	it is void of orders or other documents showing he was promotable to SSG prior 
to medical retirement 

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army.  Source documents consist of                       
DA Form 2-1, separation orders, or any other available record.  Item 4a, enter the rank 
and pay grade at the time of separation.

6.  Title 10, USC, section 1372 (effective 4 January 1995), states 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 under section 1201 or 1204 of this title, or whose 
name is placed on the TDRL under section 1202 or 1205 of this title, is entitled to the 
grade or rank in which he or she is serving on the date when his or her name is placed 
on the TDRL or, if his or her name was not carried on that list, on the date when he or 
she is retired.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the reason for his reduction, the reason for his separation and the grade he 
held at the time of his retirement for permanent disability.  The Board found insufficient 
evidence to support the applicant’s stated reason for his reduction and the records 
contained no evidence that he was again recommended for or promoted to SSG prior to 
his separation; the rank at which he was serving was accurately shown in his records.  
Based on a preponderance of evidence, the Board determined that the rank reflected on 
his separation orders 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

:XXX	:XXX	:XXX	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:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.
2.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army.  Source documents consist of DA 
Form 2-1, separation orders, or any other available record.  Item 4a, enter the rank and 
pay grade at the time of separation.

3.  Title 10, USC, section 1372 (effective 4 January 1995), states 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 under section 1201 or 1204 of this title, or whose 
name is placed on the TDRL under section 1202 or 1205 of this title, is entitled to the 
grade or rank in which he or she is serving on the date when his or her name is placed 
on the TDRL or, if his or her name was not carried on that list, on the date when he or 
she is retired.


ABCMR Record of Proceedings (cont)	 AR20180016848
	
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