IN THE CASE OF:  
BOARD DATE: 11 May 2023 
DOCKET NUMBER: AR20230000664 

APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 19 June 2022, to change her rank/pay grade at retirement from specialist (SPC)/E-4 to sergeant (SGT)/E-5. 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 
FACTS: 
1. 
The applicant states that she is medically retired and should be receiving retired pay as an SGT/E-5; which was her highest rank/grade held. 

2. 
The applicant's service record shows: 


a. On 14 October 2014, the applicant enlisted in the Regular Army. 
b. 
On 29 April 2019, the applicant reenlisted in the Regular Army. Her rank/grade was listed as SGT/E-5. 

c. 
Headquarters, U.S. Army Southern European Task Force Africa Memorandum, Subject: General Officer Memorandum of Reprimand, dated 30 June 2021, imposed an administrative reprimand on the applicant for driving under the influence under the provisions of Army Regulation (AR) 600-37 (Unfavorable Information) for offenses that occurred on 27 February 2021. Her rank/grade was listed as SGT/E-5. 

d. 
DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 17 March 2022, found the applicant physically unfit and recommended placement on the Temporary Disability Retired List (TDRL). Her rank/grade was listed as SGT/E-5. She concurred with the findings and waived a formal hearing. 

e. 
DD Form 2648 (Service Member Pre-separation/transition Counseling and Career Readiness Standards eForm for Service Members Separating, Retiring, Released from Active Duty), dated 22 March 2022, listed the applicant's rank/grade as SPC/E-4. 

f. 
Orders Number 082-0001 issued by the Installation Management Command ­Europe, Vicenza Transition Center, dated 23 March 2022, reassigned the applicant to the Italy Transition Center, effective 19 June 2022. Her rank/grade was listed as SPC/E-4. 

g. 
Orders Number 082-0002 issued by the same headquarters on 23 March 2022 retired the applicant effective 19 June 2022. The orders show her retired grade/date of rank as SPC/14 July 2021 and her prior grade/date of rank as PFC/1 October 2016. 

g. DD Form 214, ending on 19 June 2022, shows the applicant was retired. 
(1) 
Block 4a (Grade, Rate or Rank) – SPC. 

(2) 
Block 4b (Pay Grade) –E-4. 

(3) 
Block 12c (Net Active Service This Period) – 7 years, 8 months, and 6 days. 

(4) 
Block 28 (Narrative Reason for Separation) – Disability, combat-related. 



h. 
Enlisted Record Brief, dated 20 June 2022, shows under Section III (Service Data) the applicant's promotion dates: 


. SPC/E-4 – 14 July 2021 . SGT/E-5 – 1 December 2018 
i. The applicant's records are void of documentation pertaining to her reduction in rank. 
BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 

2. 
The Board noted that, while the applicant may have been properly reduced from SGT/E-5 to SPC/E-4 prior to her retirement, the failure to properly document the reason for the reduction in her record is inequitable and is a basis for relief in this case. Based on a preponderance of the evidence, the Board determined her record should be corrected to show she retired in the rank/grade of SGT/E-5. 


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 Installation Management Command – Europe, Vicenza Transition Center, Unit 31401, Orders 082-0002, 23 March 2022, to show her retired grade/date of rank as SGT/1 December 2018 

. 
Amending her DD Form 214 to show her rank/grade as SGT/E-5 with an effective date of pay grade or 1 December 2018 


The applicant should receive any additional retired pay she is due as a result of these corrections. 
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. 
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 (Grade, Rate, or Rank) to verify that active duty grade or rank and pay grade are accurate at time of separation. 

2. 
Title 10, United States Code, section 1372 (Grade on retirement for physical disability: members of 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: 


a. 
The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired. 

b. 
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. 

c. 
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. 


3. AR 15-80 (Army Grade Determination Review Board (AGDRB) and Grade Determinations) states: 
a. 
Paragraph 2-3 (Automatic Grade Determinations) state automatic grade determinations do not include cases where -(1) Reversion to a lower grade was, owing to misconduct, or punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ). 

b. 
Paragraph 2-4 (Grade determination considerations) The AGDRB will consider each case on its own merits. Generally, determination will be based on the Soldier’s overall service in the grade in question, either on active duty or other service qualifying the Soldier for retirement, receipt of retired pay, or separation for physical disability. Circumstances pertinent to whether such service is found satisfactory include, but are not limited to, the following: 

. 
Medical reasons, which may have been a contributing or decisive factor in a reduction in grade, misconduct, or substandard performance 

. 
Compassionate circumstances 

. 
Length of otherwise satisfactory service in the grade in question, before and after the misconduct 



c. 
Paragraph 2-5 (Unsatisfactory service) Service in the highest grade or an intermediate grade normally will be considered to have been unsatisfactory when: Reversion to a lower grade was -(1) Owing to misconduct. (2) Caused by Non-Judicial Punishment pursuant to UCMJ, Article 15. There is sufficient unfavorable information to establish that the Soldier’s service in the grade in question was unsatisfactory. One specific act of misconduct may or may not form the basis for a determination that the overall service in that grade was unsatisfactory, regardless of the period of time served in grade. Retirement in lieu of or as the result of elimination action will not, by itself, preclude retirement in the highest grade; however, the underlying misconduct and/or sub-standard performance can result in a determination that service in grade was unsatisfactory. 

d. 
Paragraph 3-3 (Physical disability cases) states 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 AGDRB for a grade determination, unless the Soldier is entitled to a higher or equal grade by operation of law (see Title 10 USC, section 1212 and 1372). Title 10, USC, section 1212 and 1372 provide generally that a Soldier separated for physical disability will have retired based upon the higher of current grade, highest grade satisfactorily served (if not the current grade), or the grade to which one would have been promoted had it not been for the physical disability (that is, was on an approved promotion list). 


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