IN THE CASE OF: BOARD DATE: 16 December 2021 DOCKET NUMBER: AR20210011502 APPLICANT REQUESTS: in effect, to be advanced from specialist (SPC)/E-4 to sergeant (SGT)/E-5 on the permanent disability retired list. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * Pre Separation Checklist * Servicemembers’ Group Life Insurance (SGLI) Election and Certificate * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Retirement Certificate FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 while assigned to the Warrior Transition Unit (WTU) at Walter Reed Army Hospital as a wounded warrior from September 2003 until 3 April 2006, he was informed by the leadership of the unit that he would be promoted to SGT/E-5 as he transitioned out of the Army. During his assignment to the WTU, he worked with the WTU company staff to complete paperwork actions for other wounded warriors assigned to the WTU. He worked to in-process incoming Soldiers and their families due to critical shortages of cadre personnel within the WTU. He continued his treatment and care while he continued to assist the WTU. He was told by his first line leader and others, that once he medically retired, or before, he would receive his promotion to SGT/E-5. 3. The applicant enlisted in the Regular Army on 3 April 2003. 4. He provides his ERB, which shows his promotions, assignment history, and other administrative data. 5. He served in Iraq from 14 March 2004 to 16 September 2004. He was assigned to Walter Reed Hospital on 10 January 2005. 6. The applicant also provides: * his pre-separation counseling checklist, which shows his grade as E-4 * his SGLI Certificate, which shows his rank as SPC * his retirement certificate, which shows his rank as SPC 7. He was honorably retired on 2 April 2006. His DD Form 214 shows in: * item 4a (Grade, Rate or Rank): SPC * Item 4b (Pay Grade): E-4 * Item 12i (Effective Date of Pay Grade): 1 October 2005 8. There is no evidence in the available records indicating the applicant was recommended for promotion to SGT/E-5 or that his name appeared on a promotion list prior to his retirement. 9. By statute, 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, or whose name is placed on the temporary disability retired list (TDRL) under section 1202 or 1205, is entitled to the grade equivalent to the highest of the following: * the grade or rank in which he is serving on the date when his name is placed on the TDRL or, if his name was not carried on that list, on the date when he is retired * the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired * the permanent regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination * the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found no evidence in the available service records indicating the applicant was recommended for promotion to SGT/E-5 or that his name appeared on a promotion list prior to his retirement. In the absence of such evidence, the Board determined the applicant's retired grade is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) provides for the promotion and reduction of enlisted Soldiers. 2. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) provides for the promotion and reduction of enlisted Soldiers. Paragraph 1-20(e) states per the provisions of Title 10 U.S. Code, section 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 date before placement on the retired list. 3. Title 10 U.S. Code, section 1372 (Grade on retirement for physical disability: members of the Armed Forces), 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 equivalent to the highest of the following: * the grade or rank in which he is serving on the date when his name is placed on the TDRL or, if his name was not carried on that list, on the date when he is retired * the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired * the permanent regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination * the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011502 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1