ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  31 August 2020

	DOCKET NUMBER:  AR20190009261


APPLICANT REQUESTS: his pay grade be changed from Sergeant (SGT)/E-5 to Staff 
Sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record).
*	Memorandum – Subject:  Medical Board Processing Notification
*	DA Form 3349 (Physical Profile)
*	Excerpts from AR 600-8-19 

FACTS:

1.  The applicant states at the time of his discharge, he was in a promotable status prior 
to and during his Military Evaluation Board (MEB).  He states that his promotable status 
should have been maintained through his date of separation/retirement, and it was not.

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

a.	15 November 2002, he enlisted in the United States Regular Army.

b.	1 September 2005, he was promoted to SGT/E-5.

   c.	20 September 2016, per his DD Form 214 (Certificate of Release or Discharge 
from Active Duty) he was honorably retired for temporary disability. 

   d.	21 September 2016, he was placed on the retirement list per Orders 200-0605   
with a retired grade/date of rank of SGT. 

   e.	The applicant’s record is void promotion orders or a document that recommends 
the applicant meeting a promotion board to SSG/E-6.




3.  The applicant provides

   a.	Memorandum for the Commander of HHC, 101st Airborne, (Air Assault),  
Subject:  Medical Board Processing Notification from the U. S. Army Medical 
Department Activity, dated 21 March 2016, recommended the applicant for a Medical 
Evaluation Board (MEB) for possible disability separation and explained what was 
needed for the MEB.  The applicant’s rank was listed as SGT/E-5. 
   
     b.  DA Form 3349 (Physical Profile) which lists the applicant’s medical conditions 
and how he was placed on a permanent profile

   c.	Excerpt from AR 600-8-19 which states in effect Soldiers in the Disability 
Evaluation System (DES) process who are pending a medical fitness determination 
(referral to a MEB under AR 40-400, or physical evaluation board under AR 635-40) 
remain otherwise eligible for promotion consideration, selection, and pin-on.  The 
issuance of a permanent profile “3” or “4” alone will not be used as the sole basis for 
determining primary military occupational specialty disqualification.    
   
5.   See regulations below.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed that the preponderance of 
evidence indicate the applicant’s rank/grade at time of discharge was SGT/E-5.  The 
applicant’s record is void promotion orders or a document that recommends the 
applicant for a promotion board to SSG/E-6.  Therefore, the Board found no basis to 
grant relief.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


KSBOARD 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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
Paragraph 2-9 states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of providing an 
error or injustice by a preponderance of evidence.

2.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states (Semi-
centralized promotion (SGT and SSG)).  To be eligible for promotion to SSG a Soldier 
must have 82 months time in service and 10 months time in grade for Board 
appearance, considered physically qualified unless undergoing a medical evaluation to 
determine qualifications for continued active service, not flagged in accordance with                           
AR 600-8-2 (Suspension of Personnel Actions (Flag)), and total promotion points of 450 
points after board appearance.  Promotion will be announced in orders.   

3.  AR 600-8-19 further states promotion of Soldiers pending referral to a military 
occupational specialty/medical retention board, medical evaluation board or physical 
evaluation board:

   a.	Soldiers who are pending referral to a MOS/medical retention board (MMRB) 
under AR 600–60 or referral to a medical evaluation board under AR 40–400 or physical 
evaluation board under AR 635–40 will not be denied promotion (if already promotable) 
on the basis of medical disqualification if they are otherwise qualified for promotion.
   
   b.	Soldiers who have been conditionally promoted but are unable to meet the 
condition of their promotion solely because of a medical condition that results in a 
finding of unfit by the Physical Disability Evaluation System (PDES) will not be subject 
to administrative reduction if otherwise qualified to retain promotable status.
   
   c.	Per the provisions of 10 USC 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.
   
   d.	Per the provisions of 10 USC 1212, Soldiers who are on a promotion list at the 
time of separation for disability with entitlement to disability severance pay will be paid 
such compensation at the promotion list grade.  Further, the Soldier will be promoted to 
the designated grade effective the Soldiers separation date.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20180005026

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