IN THE CASE OF: BOARD DATE: 10 January 2013 DOCKET NUMBER: AR20120011957 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge) for the period ending on 13 December 2011 to show his rank and pay grade as chief warrant officer two/CW2. 2. He states that in response to a 2011 request to the Army Grade Determination Review Board (AGDRB), his retirement grade was changed to CW2. To date, a new DD Form 214 showing the grade change has not be issued. 3. He provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant's military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 27 May 1977. He was honorably discharged in pay grade E-5 on 16 March 1981 for the purpose of being ordered to active duty as a warrant officer. 2. He was appointed in the U.S. Army Reserve (USAR) as a warrant officer one effective 17 March 1981 and entered on active duty the same day. He was honorably released from active duty in pay grade CW2 on 17 May 1984 and was transferred to the USAR Control Group (Reinforcement). 3. He again enlisted in the RA in pay grade E-5 on 26 November 1984 for 4 years. He was promoted to sergeant first class (SFC)/pay grade E-7 on 1 February 1991. 4. He was honorably retired on 31 January 2000. His DD Form 214 shows in: * item 4a (Grade, Rate, or Rank) – SFC * item 4b (Pay Grade) – E-7 5. On 11 July 2011, the AGDRB determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was CW2. Therefore, he was eligible for advancement on the Retired List in the grade of CW2 effective 30 November 2006. 6. On 24 August 2011, the U.S. Army Human Resources Command advanced him on the Retired List to the grade of CW2 with an effective date of 30 November 2006 and issued him appropriate retirement orders. 7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, then in effect, set forth the basic authority for the separation of enlisted personnel because of length of service. It stated retirement normally would be in the Regular grade the Soldier held on the date of retirement as prescribed in Title 10, U.S. Code, section 3961, which provided the legal authority for retirement grades. Paragraph 12-3 specified the AGDRB, in accordance with Army Regulation 15-80 (AGDRB and Grade Determinations), would make determination of the highest grade served in satisfactorily. 8. Title 10, U.S. Code, section 3964, states each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled to be advanced on the Retired List to the highest grade in which he or she served on active duty satisfactorily as determined by the Secretary of the Army when his or her active service plus his or her service on the Retired List total 30 years. This section applies to warrant officers and enlisted members of the Regular Army and Reserve enlisted members of the Army. 9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states items 4a and 4b will list the rank and pay grade at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was honorably discharged as a sergeant in pay grade E-5 on 16 March 1981 to accept a warrant officer appointment. He was discharged in pay grade CW2 on 17 May 1984 and was transferred to the USAR. He again enlisted in the RA in pay grade E-5. He was promoted to pay grade E-7 on 1 February 1991. He was honorably retired on 31 January 2000. He was issued a DD Form 214 showing his rank/pay grade as SFC/E-7. 2. On 11 July 2011, the AGDRB determined the highest grade in which the applicant served for retired pay was CW2 based on his previous service in that grade. He was reissued retirement orders in pay grade CW2. 3. In accordance with regulatory guidance, his DD Form 214 properly shows the rank/pay grade he was serving in on the effective date of separation. Therefore, he is not entitled to correction his DD Form 214 for the period ending 31 January 2000 to show the rank of CW2. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ 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. _____________X____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120011957 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011957 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1