| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. Harry B. Oberg | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: On two separate applications, that he be granted credit for 90 days of active duty (AD) while serving in the United States Marine Corps (USMC) Reserve and that he be advanced on the Retired List in the rank of Sergeant First Class (SFC).
APPLICANT STATES: In effect, that he should be credited with 90 days of AD toward his qualifying service for retirement purposes and that he should be advanced on the Retired List to the rank of SFC. He also states that he served in the US Army Reserve (USAR) and the Army National Guard (ARNG) as a platoon sergeant in an E-7 position. In support of his application, he submits copies of: a statement, dated 7 April 1972; an ARPC Form 249-2-E
(Chronological Statement of Retirement Points); a DA Form 20 (Enlisted Qualification Record); and a DA Form 2-1 (Personnel Qualification Record –
Part II).
EVIDENCE OF RECORD: The applicant's military records show he enlisted in the USMC Reserve on 16 December 1959, as a wireman. He was ordered to active duty on 11 February 1960.
The applicant provided a copy of a statement from the Inspector-Instructor Staff, Naval and Marine Corps Reserve Training Center, dated 7 April 1972, which indicated that the applicant was currently serving on active duty with this staff for a period of 90 days.
He was promoted to SSG/E6 on 1 May 1972. He continued to serve until he was honorably discharged on 3 December 1973.
He enlisted in the USAR on 4 December 1973, as a petroleum supply specialist (76W30).
The applicant’s Enlisted Qualification Record shows that he served as an assistant platoon sergeant and supply section chief in a duty military occupational specialty (DMOS) “76W40” while serving in the USAR.
The applicant’s records contain a copy of Headquarters, 359th Signal Group Special Orders Number 122, dated 5 November 1974, which shows that he was awarded the primary military occupational specialty (PMOS) of “P76W40”, the secondary military occupational specialty (SMOS) “S36K40”, and had withdrawn the PMOS of “09B00”, effective 5 November 1974.
The applicant’s Personnel Qualification Record shows that he served as a platoon sergeant in DMOS “11C40.”
He continued to serve until he was released on 2 December 1976, in order to enlist in the New York Army National Guard (NYARNG). He enlisted in the NYARNG on 3 December 1976, as an indirect fire crewman (11C), in the rank of SSG.
On 1 April 1983, the National Guard Bureau notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).
The applicant’s records contain a copy of his Chronological Statement of Retirement Points, dated 23 February 2001, which shows that he had completed
22 years of qualifying service for retirement purposes. This statement shows that he was given 125 active duty points and 177 creditable points for retirement for the year 16 December 1971 to 15 December 1972.
He was transferred to the Retired Reserve on 1 August 1985, in the rank of Staff Sergeant (SSG).
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), prescribes the policy and procedures for granting retired pay benefits at age 60, for the Army National Guard and Army Reserve. Paragraph 2-11 of this regulation covers computation of retired pay and paragraph 2-11c requires that each retirement applicant’s record will be screened to determine the highest grade held during his or her military service. Subparagraph 2-11c(2) states that if the soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted soldier held while on active duty or in an active Reserve status for at least 185 days or six calendar months. The retired grade is determined upon receipt of retired pay, not on transfer to the Retired Reserve, since it is a retired pay issue.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant’s retirement point summary shows that he was credited with 125 active duty points and 177 creditable points for the year 16 December 1971 to 15 December 1972. However, it is likely that his 90 days of active duty with the USMC Reserve is included in this period. Therefore, there is no basis to correct his retirement point summary sheet to show any additional retirement points for the year ending 15 December 1972.
2. The evidence of record also shows that he served in several positions in the USAR and ARNG as a platoon sergeant in DMOS “76W40” and DMOS “11B40.” However, there is no evidence of record in the available records, and the applicant has provided no evidence, to show that he was ever advanced or promoted to the pay grade of E-7. Therefore, he is not entitled to be advanced
on the Retired List in the pay grade of E-7.
3. The evidence of record shows that the applicant was promoted to SSG and continued to serve as a SSG throughout his military career. Therefore, he was properly retired in the pay grade of E-6 and is receiving retired pay accordingly.
4. 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 this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's 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
__tk___ ___ho_____ ___jm___ DENY APPLICATION
| CASE ID | AR2002067757 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020711 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19850731 |
| DISCHARGE AUTHORITY | AR 140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 319 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 2004105185C070208
However, the evidence of record confirms no service in MOS 95B and that the applicant’s service as a drill sergeant is fully documented. Therefore, there is insufficient evidence to show any error or injustice related to the documentation of his drill sergeant service in the record. The evidence of record provides no indication that the applicant ever served in MOS 95B during his USAR service.
ARMY | BCMR | CY2013 | 20130016567
The applicant requests, in effect, correction of his U.S. Army Reserve (USAR) records to show: * His active Reserve service * Promotion to Staff Sergeant (SSG)/E-6 * Change in his military occupational specialty (MOS) 2. His record contains a Promotion Recommendation and Board Report Form dated 8 August 1977 which listed his current rank as SP5 and shows he was recommended for promotion to SSG. The evidence of record shows he held no military status from 26 March 1971 to 3 October 1972 and...
ARMY | BCMR | CY2012 | 20120017166
Having prior active service, the applicant's records show he enlisted in the Regular Army on 23 June 1970 in the rank of PFC and he held MOS's 13A and 13E. There are no orders in his records that show he ever served as a CPL/E-4 or was ever promoted to SGT/E-5. There is no evidence in his record that shows he went before a promotion board and was recommended for promotion to SGT/E-5.
ARMY | BCMR | CY2003 | 2003091135C070212
IN THE CASE OF: BOARD DATE: 16 March 2004 DOCKET NUMBER: AR2003091135 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
ARMY | BCMR | CY2014 | 20140015388
The applicant states: * she was processed under the integrated disability system (IDES) and she was permanently retired in the rank/grade of sergeant first class (SFC)/E-7 * the Army Grade Determination Review Board (AGDRB) considered her case and denied her request to be retired in the rank/grade of MSG/E-8 * she was promoted to MSG/E-8 in 2001 and served satisfactorily in that rank/grade; she was also laterally appointed to first sergeant (1SG) * she was the first female 1SG assigned to...
ARMY | BCMR | CY2011 | 20110010596
He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 1 year and 8 months. He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 11 of his DD Form 214 the entries "92A5M Automated Logistical - 26 Years 8 Months//92Y5M Unit Supply Specialist - 8 Years 1...
ARMY | BCMR | CY2001 | 2001065521C070421
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), prescribes the policy and procedures for granting retired pay benefits at age 60, for the Army National Guard and Army Reserve. Paragraph 2-11 of this regulation covers computation of retired pay and paragraph 2-11c requires that each retirement applicant’s record will be screened to determine the highest grade held during his or her military service. Therefore, the Board recommends that the applicant's...
ARMY | BCMR | CY2014 | 20140010526
The applicant requests award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge. Unit Orders Number 27, dated 28 September 1966, issued by Company A, 228th Aviation Battalion, wherein he was promoted to the rank of SP4. This regulation also stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
ARMY | BCMR | CY2014 | 20140002200
The applicant requests correction of his records to show his correct military occupational specialty (MOS) and that he was promoted to pay grade E-5. The applicant contends that his records should be corrected to show he was awarded PMOS 16C2O while on active duty, and promoted to pay grade E-5 and awarded PMOS 13B4O while in the USAR. However, there are no orders or other evidence that shows he was awarded MOS 16C2O as his PMOS.
ARMY | BCMR | CY2009 | 20090006511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 00E (Recruiter and Career Counselor) and 00R (Recruiter). He also requests award of and the listing of the Career Counselor Badge on his DD Form 214. With respect to the Career Counselor Course, the evidence of record shows the applicant held MOS 79D, completed formal resident training, and served in a 79D coded position for at least 12 months.