RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 05 February 2008
DOCKET NUMBER: AR20070011336
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that his highest rank and grade satisfactorily held was first sergeant E-8 not master sergeant E-8.
2. The applicant states, in effect, that the Army Grade Determination Review Board (AGDB) upgraded his highest grade satisfactorily held to master sergeant, but he was never a master sergeant. His highest rank and grade satisfactorily held was first sergeant pay/grade E-8.
3. The applicant provides a copy of a letter requesting an upgrade to the highest grade satisfactorily held on active duty, a letter from U.S. Army Reserve Personnel Command, and a DA Form 2-1 (Personnel Qualification Record, Part II).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military service records show that he was inducted into the Army of the United States on 19 March 1968. He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Infantryman). He served on active duty until he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) "USAAC", St. Louis, Missouri on 18 March 1970. He had completed a total of 2 years of active service.
3. The applicant enlisted in the Regular Army on 11 July 1972 and served until he was honorably released on 10 August 1976. He enlisted in the Army National Guard on 6 January 1977. On 16 April 1979 he entered active duty in the Active Guard Reserve (AGR) program and served until 28 February 1993, when he was released from active duty. He was placed on the retired list on 1 March 1993 in the grade of E-7.
4. The applicant submitted a letter to the AGDB requesting to be advanced on the retired list to the highest grade he satisfactorily held while on active duty under the provision of Title 10, Section 3964, United States Code. He states in this letter that although he was retired on 28 February 1993 in the rank and grade of sergeant first class pay grade E-7, his highest rank and grade held while on active duty was first sergeant/pay grade E-8.
5. In the letter he continues to state, in effect, that he voluntarily accepted an administrative reduction without prejudice to grade E-7 to fill a position on request of his command in order to continue to hold a position on AGR status.
6. The letter from U.S. Army Personnel Command shows that the applicant's request was approved and he was advanced on the retired list to the highest rank and grade satisfactorily held, master sergeant E-8, effective 16 August
2001 (calculated to be 30 years).
7. The Military Department of Indiana, the Adjutant General's Office, Orders
126-15 dated 30 June 1981 shows that the applicant was promoted to first sergeant E-8 effective 2 July 1981.
8. The applicant received two Enlisted Evaluation Reports for the periods covering December 1980 to November 1981 and December 1981 to November 1982. Both reports show that his principal duty title and duty MOS was first sergeant/76Z5M.
9. Title 10, U. S. Code, section 3964 provides that warrant officers and enlisted members may, when their active service plus their service on the retired list totals 30 years, be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his highest rank and grade satisfactorily held while on active duty was first sergeant E-8.
2. The evidence shows that the applicant was promoted to first sergeant effective 2 July 1981 and he was evaluated and satisfactorily held the rank of first sergeant between December 1980 to November 1982. Therefore, he is entitled to correction of his records to show the highest rank and grade satisfactorily held while on active duty as first sergeant pay grade E-8.
BOARD VOTE:
__KLW__ __AU___ __RDG___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the State Army National Guard records and all Department of the Army records of the individual concerned be corrected by amending the U.S. Army Reserve Personnel Command, Transition and Separations Branch memorandum, dated 11 March 2004 to show that the applicant was advanced on the retirement list to the grade of First Sergeant (E-8) vice Master Sergeant (E-8).
____Kenneth L. Wright____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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