APPLICANT REQUESTS: In effect, the applicant requests that his record be corrected to show that he was transferred to the Retired Reserve with the rank and pay grade as Sergeant First Class (SFC) E-7.
APPLICANT STATES: At the time of his discharge on
1 November 1966 he was informed that he could be retired in the highest grade held, which was E-7, if he completed 20 years of service. He was discharged from the Army National Guard (ARNG) in November 1966 after six years of service, after which he reenlisted [in 1972]. Upon applying for retirement in September 1994, he was notified that because he was promoted prior to February 1975 he could not be retired in the pay grade of E-7. Had he this information at the time, he could have transferred to a unit with an E-7 vacancy, and possibly have been promoted to that pay grade. When he completed his retired application on 6 April 1995, he was informed that his records indicated that the highest grade he held was Staff Sergeant (SSG) E-6.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the ARNG on 29 September 1953 and was discharged with the rank and pay grade of SSG E-6 on
28 September 1962. He reenlisted on the next day, was promoted to Platoon Sergeant (PSG) E-7 on 15 July 1966 and was discharged on 1 November 1966 with that rank and in that pay grade.
The applicant reenlisted in the Alabama ARNG (ALARNG) in the pay grade of E-6 on 5 September 1972 and was discharged on 31 March 1987 with the rank and pay grade of SSG E-6, and transferred to the Army Reserve reinforcement control group at St. Louis. He had 27 years, 7 months, and 29 days of total service for pay.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Office of the Chief of the Army Reserve, in which an official of that agency states that the applicant was discharged on 31 March 1987 in the pay grade of E-6, and when he applied for retirement in September 1994, he did not have the required 185 calendar days in pay grade E-7; and in effect, he should receive retirement pay in the pay grade of E-6. On 30 September 1997, in an informal opinion, an official of the National Guard Bureau agreed with the OCAR opinion.
Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers.
Paragraph 2-11c states that the Retired Activities Directorate, at the Army Reserve Personnel Center, will screen each retirement applicants record to determine the highest grade held by him during his military service. In arriving at the highest grade satisfactorily held, the following criteria will apply: (1) If the soldier was transferred to the Retired Reserve or discharged prior to
25 February 1975, retired grade will be that which the soldier held at time of transfer to the Retired Reserve or discharge, unless the soldier held a higher grade at least 185 days or six calendar months on active duty or in an active reserve status as an enlisted soldier; and (2) If the soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which an enlisted solider held while on active duty or in an active reserve status for at least 185 days or six calendar months.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The applicant served less than six months in pay grade E-7, and was discharged in that pay grade in 1966. After reenlisting in 1972 in the pay grade of E-6 he remained in the Army National Guard until 31 March 1987 when he was discharged from the Army National Guard and transferred to the reinforcement control group. The applicant did not have the required 185 days as an E-7 and is not entitled to be retired in that pay grade. This conclusion is supported by advisory opinions from the Office of the Chief of the Army Reserve and the National Guard Bureau.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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