IN THE CASE OF: BOARD DATE: 8 August 2023 DOCKET NUMBER: AR20230001786 APPLICANT REQUESTS: correction of her records to show she was retired in the rank/grade of sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Orders Number 287-21, 14 October 2022 • DD Form 214 (Certificate of Release or Discharge from Active Duty), 21 November 2022 FACTS: 1. The applicant states her DD Form 214 reflects that she was discharged at the rank/grade of staff sergeant (SSG)/E-6; however, she was discharged in the rank of SFC/E-7. She made the promotion list on 1 November 2022, and she believes they did not audit her rank change before finalizing her DD Form 214. 2. A review of the applicant's military record shows the following: a. She enlisted in the Regular Army on 29 May 2012. b. Orders Number 212-03 published by Headquarters, 21st Special Troops Battalion, the applicant was promoted to the rank of SSG, effective on with a Date of Rank (DOR) of 1 August 2018. c. On 8 August 2022, an Informal Physical Evaluation Board found the applicant physically unfit and recommended that her disposition be placed on the Temporary Disability Retired List (TDRL) with a reexamination during the month of May 2023. The applicant concurred and waived a formal hearing of her case. d. On 29 August 2022, Headquarters, U.S. Army Garrison, Fort Jackson, published Orders Number 241-1305, retiring the applicant, effective 21 November 2022, and placing her on the TDRL in the rank of SSG, effective 22 November 2022. In pertinent part, the Orders show: • Statute authorizing retirement: 1202 [Title 10, United States Codes (USC), Section 1202] • Other eligible laws: 1372 [Title 10, USC, Section 1372] • Retirement type and allotment code: TEMP DISABILITY/6 e. On 14 October 2022, the U.S. Army Human Resources Command, published Orders Number 287-21, the applicant was promoted to SFC, effective on with a DOR of 1 November 2022. f. On 21 November 2022, she was retired by reason of "disability, combat related" and transferred to the U.S. Army Reserve Control Group (Retired). DD Form 214 shows the following entries: • Block 4a (Grade, Rate or Rank) SSG • Block 4b (Pay Grade) E-6 • Block 12i (Effective Date of Pay Grade) 2018-08-01 • Block 26 (Separation Code) SEA • Block 27 (Narrative Reason for Separation) Disability – Combat Related. g. An Enlisted Record Brief dated 1 December 2022, shows the applicant's rank as SFC with a DOR of 1 November 2022. h. On 16 December 2022, the Department of the Army published Orders Number 0003750058.00, placing the applicant on the Permanent Disability Retired List in the rank of SFC, effective 22 November 2022. i. On 4 August 2023, Headquarters, Fort Jackson, SC published Orders 216-1319 amending the applicant’s retirement orders to show she retired in the grade of SFC. 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 applicant retired on 21 October 2022. Prior to her retirement, HRC published orders promoting her to SFC/E-7 on 1 November 2022. Her DD Form 214 reflected an incorrect grade and effective date of pay grade. The Board determined the DD Form 214 should be corrected. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: 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 the applicant’s DD Form 214 to show her rank/grade as SFC/E-7 effective 1 November 2022. 8/8/2023 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) 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. Paragraph 1-21 (Promotion of Soldiers in the Disability Evaluation System (DES)) states, in pertinent part, per the provisions of Title 10, USC, Section 1372, Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the TDRL (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the retired list or TDRL regardless of cutoff scores, sequence numbers, or position availability. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1–11 (the Noncommissioned Officer Professional Development System (NCOPDS)) requirements in paragraph 1–29 is waived). 2. AR 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. Paragraph 5-6 (Rules for completing the DD Form 214) provides specific instructions for completing Block 4 (Grade, Rate, or Rank) and state to verify that active duty grade or rank and pay grade are accurate at time of separation. 3. Title 10, USC, Section 1372 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 temporary disability retired list 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 4. Army Regulation 635-5-1 (Separation Program Designator Code) in effect then states: • Separation Code SEA applies to enlisted Soldiers separating under AR 635-49 due to disability – combat related • Separation Code SEK applies to enlisted Soldiers separating under AR 635-4 due to disability -temporary - IDES //NOTHING FOLLOWS//