BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090019351
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, reconsideration for placement on the Retired List at her highest rank/grade held of sergeant first class (SFC)/E-7.
2. The applicant states she retired as an SFC as indicated by the State of Michigan Army National Guard (MIARNG) awards ceremony material.
3. The applicant provides copies of two letters inviting her to an awards ceremony, a 1996 State of Michigan Certificate of Appreciation, a 1996 State of Michigan Special Tribute certificate, and a 1996 awards ceremony program.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000398, on 11 December 2008.
2. The applicant provides the following new evidence as justification for restoring her rank to SFC, which was not previously considered by the Board and warrants consideration:
a. two invitations to an awards ceremony identifying her as an SFC,
b. a 3 February 1996 State of Michigan Certificate of Appreciation showing her rank as SFC,
c. a 24 February 1996 State of Michigan Special Tribute certificate showing her rank as SFC, and
d. a 24 February 1996 ceremony program honoring her retirement as an SFC.
3. The applicant was promoted to SFC on 26 November 1982 but due to misconduct warranting nonjudicial punishment, on 16 June 1994 she was reduced to sergeant (SGT)/E-5.
4. On 28 October 2006, she was placed on the retired list in the rank/grade of SGT/E-5.
5. On 11 December 2008, the Board reviewed the applicant's request for restoration to SFC and granted her partial relief as it determined she was shown to have served honorably in the rank/grade of staff sergeant (SSG)/E-6.
6. There is no evidence that she was ever promoted above SGT/E-5 following her reduction due to misconduct. Her current retired rank/grade is the result of this Board's prior actions.
DISCUSSION AND CONCLUSIONS:
1. The applicant states she retired as a SFC as indicated by the State of Michigan National Guard awards ceremony material she provided.
2. The fact that the State of Michigan referred to her as an SFC during an awards ceremony does not support a finding that she was or should have been retired in the rank/grade of SFC/E-7. The information provided for the ceremony was clearly in error as in 1996 as she was officially an SGT/E-5 at the time.
3. She was advanced on the retired list to SSG/E-6 12 years after her retirement based on a Board determination that the highest grade she successfully held was SSG/E-6.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x_____ ___x __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080000398, on 11 December 2008.
___________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.
ABCMR Record of Proceedings (cont) AR20090019351
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019351
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120013486
The additional instructions state: * the promotion was not valid and this order will be revoked if the Soldier concerned is not in a promotable status on the effective date of the promotion * the Soldier must enroll in the appropriate NCOES course within 90 days of the effective date of promotion or release from active duty * failure to enroll, attend, or complete any portion (of the NCOES) within the allowable time frames will result in referral to a reduction board in accordance with...
ARMY | BCMR | CY2008 | 20080000398
The applicant requests, in effect, that her military records be corrected to show she was placed on the retired list in the rank and pay grade of sergeant first class (SFC)/E-7 which was the highest grade she held. The applicant contends that her military records should be corrected to show she was placed on the retired list in the rank and pay grade of SFC/E-7 which was the highest grade she held. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090005948
There is no available evidence showing the applicant's change in rank from SFC to SSG. He continuously served in the AGR program until 31 October 1998, when he retired by reason of sufficient service for retirement. Additionally, there is no evidence that physical health problems were the only reason that the applicant did not complete ANCOC and no evidence that failure to complete ANCOC was the reason that his promotion to SFC was effectively voided.
ARMY | BCMR | CY2008 | 20080014251
The applicant requests, in effect, that her military records be corrected to show that she enlisted in the Regular Army on 22 June 2006 in the rank and pay grade of staff sergeant (SSG)/E-6. The applicant's military records show that after having prior service in the Regular Army and United States Army Reserve (USAR), she enlisted in the Regular Army on 4 October 1985 in the rank of private first class/E-3. The applicant's record is not clear regarding her service from 26 September 2002...
ARMY | BCMR | CY2014 | 20140007324
The applicant provides: * U.S. Army Reserve (USAR) Orders D-06-036713, dated 4 June 1985 * DD Form 214, ending on 9 February 1983 * ARNG Retirement Points History Statement * Retirement Orders P08-926117, dated 25 August 2010 CONSIDERATION OF EVIDENCE: 1. In the applicant's case, the evidence of record shows he was promoted to the rank/grade of SFC/E-7, on 16 January 1980, and he held that grade until 9 February 1983 when he was honorably released from active duty and discharged from the...
ARMY | BCMR | CY2008 | 20080014443
There is no indication or evidence in the applicant's records that she was enrolled in or completed Phase II of MOS 54B BNCOC as stipulated in her promotion orders. The evidence of record further shows the applicant was conditionally promoted to SSG/E-6 on 30 June 1998 in MOS 54B contingent upon her successful completion of BNCOC. With respect to the applicant's contention that she should be considered for promotion to SFC/E-7, there is no evidence that the applicant met grade and/or NCOES...
ARMY | BCMR | CY2007 | 20070015615
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 February 2008 DOCKET NUMBER: AR20070015615 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. The applicant's records show that he was selected for promotion to SFC/E-7 by the 1996 Department of the Army Centralized Promotion Board. It states, in pertinent part, that warrant officer and enlisted members of...
ARMY | BCMR | CY2012 | 20120009970
Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. HQDA will determine the needs of the Army by grade and MOS.
ARMY | BCMR | CY2006 | 20060008733C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states, in effect, that the FSM’s DD Form 214, dated 30 September 1955, shows his rank as "SFC" but his retired pay account statement shows "SSG." The FSM's Military records contain a copy of a DD Form 424 (Certification of Information for Retired Pay), dated 2 September 1955, which shows the rank and grade in which he retired was "SFC (E-6)."
ARMY | BCMR | CY2014 | 20140009604
Her DD Form 214 also shows in: a. item 4a/4b (Grade, Rate or Rank/Pay Grade), her rank/grade as SSG/E-6; b. item 12f (Foreign Service), the entry 11 months and 22 days; c. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), she was awarded or authorized the: * Army Reserve Components Achievement Medal * National Defense Service Medal with bronze service star * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army...