BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090018350
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 correction of his military records to show his retired pay grade as E-6.
2. The applicant states that he held the rank/grade of staff sergeant (SSG)/E-6 from 26 January 1982 until 11 June 1989, when he took a reduction to sergeant (SGT)/E-5.
3. The applicant provides a copy of his orders promoting him to SSG/E-6, effective 26 January 1982.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was retired in the rank of sergeant, pay grade E-5.
2. On 3 April 1969, the applicant was inducted into the Army of the United States. He attained the rank/grade of specialist four (SP4)/E-4 and he was released from active duty on 30 March 1971 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, chapter 5, by reason of early separation of overseas returnee. He was immediately transferred to the United States Army Reserve Control Group (Annual Training).
3. On 28 June 1980, the applicant enlisted in the Arkansas Army National Guard (ARARNG) in the rank/grade of SGT/E-5.
4. Headquarters, 212th Signal Battalion, ARARNG, North Little Rock, AR, Orders 4-1, dated 26 January 1982, promoted the applicant to SSG/E-6, effective that same day.
5. The same headquarters issued Orders 18-1, dated 11 June 1989, that administratively reduced the applicant at his own request from SSG/E-6 to SGT/E-5 and reassigned him within the 212th Signal Battalion from D Company to Headquarters and Headquarters Company (HHC), effective 12 June 1989.
6. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he was reassigned from an E-6 position to an E-5 position and in a different military occupational specialty (MOS) on
11 June 1989 within D Company. It also shows he was transferred to HHC in his redesignated MOS.
7. Military Department of Arkansas, Office of the Adjutant General, North Little Rock, Orders 108-014, dated 6 June 1994, discharged the applicant from the Army National Guard and assigned him to the Retired Reserve effective 1 June 1994 in pay grade E-5. He had completed a total of 24 years, 6 months, and 11 days of total service for pay.
8. Defense Finance and Accounting Service (DFAS) records show that the applicant attained 60 years of age on 18 March 2009. He applied for and is receiving retired pay as an SGT/E-5.
9. Title 10, U. S. Code, section 3963(a) states a Reserve enlisted member of the Army who is retired 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 National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show his retired pay grade as E-6.
2. The evidence shows that the applicant was administratively reduced at his own request from pay grade E-6 to E-5 in conjunction with reassignment to a lower graded position. There is no evidence showing that the applicant was reduced due to misconduct or substandard duty performance.
3. In view of the above, the applicant's records should be corrected to show he retired in pay grade E-6.
BOARD VOTE:
____x___ ____x___ ____x___ 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 Department of the Army records of the individual concerned be corrected by:
a. showing that he was retired in pay grade E-6; and
b. auditing his retired pay records and paying him any monies due as a result of this correction.
___________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.
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