IN THE CASE OF: BOARD DATE: 9 May 2023 DOCKET NUMBER: AR20220011803 APPLICANT REQUESTS: correction of the following items on the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 January 2022 – * Item 4a. (Grade, Rate or Rank) to reflect major "MAJ" rather than captain "CPT" * Item 4b. (Pay Grade) to reflect "O4" rather than "O3" * Item 18. (Remarks) remove "Retired List Grade MAJ" APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject; Member DD Form 214 Correction Request * Fiscal Year (FY) 21 Major Army Competitive Categories (ACC) Promotion Selection Board Results, 23 September 2021 * Orders Number 309-1346, 5 November 2021 * Orders Number 319-1303., 15 November 2021 * Officer Record Brief, 30 November 2021 * DD Form 214, 30 January 2022 * Title 10 United States Code (USC) Section 1372 (Grade on Retirement for Physical Disability: Members of Armed Forces) FACTS: 1. The applicant states in pertinent part that he was a promotable CPT/O-3 at the time of his medical retirement. He contests that in accordance with Title 10, USC, Section 1372 he should have been promoted to the rank of major (MAJ)/O-4 prior to being retired. 2. A review of the applicant's available service records reflects the following: a. On 16 February 2012, the applicant was appointed as a commissioned Officer in the Regular Army. b. On 14 January 2016, Headquarters, U.S. Army Human Resources Command issued Orders Number 014-037 announcing his promotion to CPT, 1 February 2016. c. On 30 September 2021, an Informal Physical Evaluation Board convened finding the applicant physically unfit for continued military service and therefore recommending that he be permanently medically retired. The applicant concurred with the board's recommendation and waived his rights to a formal hearing. d. On 5 November 2021, Headquarters, U.S. Army Garrison, Fort Sill issued Orders Number 309-1346 releasing the applicant from assignment and duty due to a physical disability incurred while entitled to basic pay and under conditions that permit his retirement for permanent physical disability on 30 January 2022. The applicant was to be retired and placed on the retired list at the rank of CPT on 31 January 2022. e. On 15 November 2021, Headquarters, U.S. Army Garrison, Fort Sill issued Orders Number 319-1303 amending Orders Number 309-1346 to reflect the applicant being retired at the rank of MAJ with a Date of Rank (DOR) of 31 January 2022. f. On 30 January 2022, the applicant was medically retired from military service. DD Form 214, item 4a. (Grade, Rate or Rank) reflects "CPT", item 4b. (Pay Grade) reflects "O3", item 12i. (Effective Date of Pay Grade) reflects "1 February 2016" and item 18 (Remarks) reflects "Retired List Grade MAJ." 3. The applicant provides the following a: a. FY 21 Major Army Competitive Categories Promotion Selection Board Results, dated 23 September 2021, reflective of him being selected for promotion to MAJ. b. Officer Record Brief dated 30 November 2021, reflective of the applicant's pertinent personnel information to include assignment, military education and promotion history. Section III (Service Date) reflects the applicant's highest grade held as CPT with a DOR of 1 February 2016. 4. On 4 April 2023, the U.S. Army Human Resources Command, Chief, Officer Promotions Board Announcements Support and Promotion Orders, provided an advisory opinion noting that full relief of the applicant's request is required in accordance with Title 10, USC, Section 1372 (3) wherein it provides that "Officers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. The officers will be promoted to the designated grade effective the day before placement on the retired list." 5. On 14 April 2023, the applicant was provided with a copy of the advisory opinion to provide comments. As of 3 May 2023, the applicant had not responded. BOARD DISCUSSION: 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 of record shows the applicant retired from active duty due to disability. He was a promotable captain at the time of retirement. By law (10 USC section 1372), an officer on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. The officer will be promoted to the designated grade effective the day before placement on the retired list. The Board voted to grant relief. 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 his DD Form 214 as follows: * Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) show MAJ/O-4 * Block 12i (Effective Date of Pay Grade) show 30 January 2022 * Block 18 (Remarks) remove the entry "Retired List Grade MAJ." 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. REFERENCE: Title 10, USC, section 1372 (Grade on Retirement for Physical Disability: Members of Armed Forces) provides that 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 temporary disability retired list under section 1202 or 1205 of this title, is entitled to 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011803 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1