IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080008364
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, that he be placed on the retired list as a platoon sergeant/E-7.
2. The applicant states that he held pay grade E-7 as a traditional Soldier for more than the required time to retire in that pay grade. He claims he took an administrative reduction so that Soldiers below him could have a chance to make E-7 and be a platoon sergeant; however, he was not promoted back to E-7 prior to his discharge.
3. The applicant provides reduction orders, dated 22 March 1983; a DA Form
2-1 (Personnel Qualification Record); two graduation certificates; and an award certificate for the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 5 January 1945. Having prior service in the Army National Guard, he enlisted again in the South Dakota Army National Guard on 11 March 1972. He was promoted to platoon sergeant/E-7 effective
1 October 1977. On 22 March 1983, he was reduced from platoon sergeant to staff sergeant/E-6 due to an administrative reason without prejudice. On
10 March 1992, the applicant was discharged in the rank of staff sergeant from the South Dakota Army National Guard and transferred to the Retired Reserve.
2. On 5 January 2005, the applicant was placed on the retired list in the rank of staff sergeant/E-6.
3. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states, in pertinent part, that a person granted retired pay will receive such pay
in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service. Service in the highest grade will not be deemed satisfactory
if it is determined that any of the following factors exist: (a) revision to a lower grade was expressly for prejudice or cause, due to misconduct, or punishment pursuant to Article 15, Uniform Code of Military Justice, or court-martial; or (b) there is information in the Soldiers service record to indicate clearly that the highest grade was not served satisfactorily.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was promoted to platoon sergeant/E-7 in 1977 and that he was reduced in rank to staff sergeant/E-6 due to administrative reasons. Since there is no evidence of record which shows his service in the rank of platoon sergeant was not satisfactory, and in accordance with the governing regulation, his military records should be corrected to show that he was placed on the retired list as a platoon sergeant/E-7 effective 5 January 2005.
BOARD VOTE:
__xx____ ___xx___ ___xx___ 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 all Department of the Army records of the individual concerned be corrected by
showing that he was placed on the retired list in the rank of platoon sergeant/E-7 effective 5 January 2005 and that he be paid all back retired pay due as a result of the correction.
_________xxxxx_________
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.
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