IN THE CASE OF: BOARD DATE: 7 March 2023 DOCKET NUMBER: AR20220009184 APPLICANT REQUESTS: * Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 9 November 2021, to change her rank/pay grade at discharge from private first class (PFC)/E-3 to specialist (SPC)/E-4 * Amended separation orders * A personal appearance before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 273-0028 issued by Installation Management Command, Directorate of Personnel and Family Readiness, 30 September 2021 * Physical Disability Information Report, 30 September 2021 * two Defense Finance and Accounting Service (DFAS) Military Leave and Earning Statements (LES), period covered 1 November 2021 to 30 November 2021 * Enlisted Record Brief (ERB), 8 November 2021 * Separation/Retirement Interview Checklist, 9 November 2021 * DD Form 214, 9 November 2021 FACTS: 1. The applicant states that she was medically separated and received severance pay, but DFAS is holding 20 percent of her final paycheck. a. She was promoted to SPC/E-4 on 4 November 2021 due to time-in service; which was 5 days before her separation date. She never received promotion orders from her unit since she was gone by the time she reached her time-in service. She received her DD Form 214 before her promotion and the Joint Base Lewis-McChord (JBLM) Transition Center would not correct her rank since she was on terminal leave. b. The rank/grade on her DD Form 214 and separation orders affects the amount of severance pay she receives. Since her promotion was reflected in her Soldier Record Brief, MilConnect, Integrated Personnel Electronic Records Management System (iPERMS) and MyPay, DFAS requires a DD Form 215 (Correction to DD Form 214) and amended orders to receive her full final pay. JBLM Transition Center requires promotion orders to amend her separation orders for DFAS. Neither DFAS nor the JBLM Transition Center can reach her losing unit. Once the proper documentation is received, DFAS will release the last of her final paycheck and she can update her Department of Veterans Affairs records. 2. The applicant's service record shows: a. On 4 November 2019, the applicant enlisted in the Regular Army. b. DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 7 September 2021, found the applicant physically unfit and recommended a rating of 20 percent and her disposition be separation with severance pay. This form shows her rank as PFC. c. DD Form 214, ending on 9 November 2021, shows the applicant was honorably released from active duty. She completed 2 years of active service * Block 4a (Grade, Rate or Rank) – PFC. * Block 4b (Pay Grade) –E-3. * Block 8b (Station Where Separation) – JBLM. * Block 12c (Net Active Service This Period) – 2 years, 0 months, and 6 days * Block 12i (Effective Date of Pay Grade) – 4 November 2020 (12 months’ time in grade) * Block 18 (Remarks) – Disability Severance Pay - $12,623.40. d. The applicant's available records are void of orders promoting her SPC/E-4. 3. The applicant provides: a. Orders Number 273-0028 issued by the Installation Management Command, Directorate of Personnel and Family Readiness, dated 30 September 2021, reassigned the applicant to the JBLM Transition Center in the rank of PFC, effective 9 November 2021. b. Physical Disability Information Report, dated 30 September 2021, showing the applicant would be discharged effective 9 November 2021 in the rank/grade PFC/E-3 with disability at 20 percent. The last date the Transition Point was notified that this record was complete was on 23 September 2021. c. Two DFAS Military LES, period covered 1 November 2021 to 30 November 2021, showing the applicant would receive $13,417.20 in disability severance pay effective 9 November 2021. She would be separated on 9 November 2021 in the rank/grade SPC/E-4 and would receive $12,380.23 at separation. d. ERB dated 8 November 2021, showing the applicant was promoted to the rank of SPC on 4 November 2021 e. Separation/Retirement Interview Checklist, dated 9 November 2021, under Rank Information, states the applicant was pending promotion to SPC/E-4, effective 4 November 2021. The orders number was not listed. BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The evidence shows a Separation/Retirement Interview Checklist, dated 9 November 2021, under Rank Information, states the applicant was pending promotion to SPC/E-4, effective 4 November 2021. The applicant was separated on 9 November 2021. It is likely an order/DA Form 4187 was not timely published to promote her to E-4 due to disability processing and/or outprocessing. Regardless, she completed 2 years of active service on 4 November 2021 and qualified for promotion to E-4 without waiver on that date. The Board determined an injustice has occurred. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending Orders Number 273-0028 issued by the Installation Management Command, Directorate of Personnel and Family Readiness, on 30 September 2021, to show her rank as SPC * amending her DD Form 214 to show her rank/grade as SPC/E-4 and her effective date of rank as 4 November 2021 * paying her back pay as a result of this correction 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) 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. AR 635-8 (Separation Processing and Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. It established standardized policy for preparing and distributing the DD Form 214. It states for Block 4 to verify that active duty grade or rank and pay grade are accurate at time of separation. 3. AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation) prescribes Army policy for the disability evaluation and disposition of Soldiers who may be unfit to perform their military duties due to physical disability. a. Paragraph 4-27(c)(3) states a Soldier will receive separation with disability severance pay when found unfit due to a compensable physical disability, has less than 20 years of service, and a combined disability rating of less than 30 percent; to include a rating of 0 percent. b. Paragraph 4-30 states the grade at which a Soldier is retired or receives disability severance pay will be the highest of the options listed: (1) Current grade. No time-in-grade is required. (2) Highest grade satisfactorily held. In accordance with AR 15–80 (Army Grade Determination Review Board and Grade Determinations), Soldiers determined unfit who are not currently serving in the highest grade served will be referred by the U.S. Army Physical Disability Agency to the Army Grade Determination Review Board, unless the Soldier is entitled to a higher or equal grade by operation of law or the Soldier upon being advised of entitlement to a review fails to submit matters. If a Soldier referenced in this paragraph does not receive a review by the Army Grade Determination Review Board before the placement on the disability retired list, separation with severance pay for disability, or receives a review and is dissatisfied with the determination, the Soldier may apply to the ABCMR for a review of their retired grade. (3) Grade to which the Soldier would have been promoted had it not been for the physical disability for which the Soldier was determined unfit. In general, this provision pertains to Soldiers on a promotion list. 4. AR 15-80, Paragraph 3-3 (Physical disability cases) states that an enlisted Soldier being processed for physical disability separation or disability retirement, not currently serving in the highest grade served, will be referred to the Army Grade Determination Review Board for a grade determination, unless the Soldier is entitled to a higher or equal grade by operation of law. 5. AR 600-8-19 (Enlisted Promotions and Reductions) states in paragraph 2-3 promotions to PV2, PFC, and SPC will be made automatically by the electronic military personnel office system (eMILPO) (Regular Army). Eligibility criteria for automatic (Regular Army and USAR) or immediate (ARNG) promotion to PV2, PFC, and SPC will be as follows: (1) Promotion to PV2 is 6 months TIS. (2) Promotion to PFC is 12 months TIS and 4 months Time in Grade (TIG). (3) Promotion to SPC is 24 months TIS and 6 months TIG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009184 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1