BOARD DATE: 12 December 2013 DOCKET NUMBER: AR20130005987 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, in effect, advancement on the Retired List to the rank of sergeant first class/pay grade E-7. 2. The applicant states his rank was not adjusted due to human error. 3. The applicant provides two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant initially enlisted in the New Jersey Army National Guard (NJARNG) on 1 December 1967. He completed training, was awarded, and served in several military occupational specialties. He enlisted in the Regular Army on 12 November 1974 and was discharged on 26 November 1980. He again enlisted in the ARNG on 10 December 1980. He entered active duty on 10 December 1980. He was promoted to staff sergeant/pay grade E-6 on 1 June 1989. 3. On 3 February 1989, he was issued a Notification of Eligibility for Retired Pay at Age 60. 4. On 7 July 1993, he submitted an application for voluntary retirement in the highest grade served of pay grade E-6 with a desired retirement date of 31 May 1994. 5. NJARNG Orders 258-052, dated 15 September 1993, released him from active duty and placed him on the Retired List in pay grade E-6 effective 31 May 1994. 6. There is no evidence of record showing he was promoted to pay grade E-7 and served in that grade during any period of active duty prior to his retirement. 7. Title 10, U.S. Code, section 3963 (Reserve Enlisted Retired from Active Duty), states a Reserve enlisted member of the Army described in subsection (b) who is retired under section 3914 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the ARNG, in which the member served on full-time ARNG duty satisfactorily) as determined by the Secretary of the Army. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was promoted to pay grade E-6 on 1 June 1989 while serving on active duty and retired in that grade on 31 May 1994. There is no evidence of record and he provided none to show he was promoted, temporarily or permanently, to pay grade E-7 or served in that grade at any time prior to his retirement for advancement on the Retired List in that grade. 2. A member of the ARNG is retired in the highest enlisted grade served on active duty satisfactory. There is no evidence in the available records and he provided no evidence to support the requested relief. 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) AR20130005987 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1