IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100013806
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 the records of her deceased husband, a former service member (FSM), be corrected to reflect he retired in pay grade E-7, the highest rank he ever held.
2. The applicant states that a clerical error resulted in his rank being shown as E-6, when the highest rank he held was that of E-7 and it is an injustice to the honorable service he gave to the United States and his American Indian ancestral heritage. In addition his headstone would reflect his true rank.
3. The applicant provides:
* copies of the FSM's DD Forms 214 (Certificate of Release or Discharge from Active Duty) and Certifications of Military Service
* a copy of the FSM's National Guard Bureau Form 22 (Report of Separation and Record of Service)
* a copy of the FSM's DA Form 2-1 (Personnel Qualification Record)
* copies of orders reflecting the FSM's rank as sergeant first class (SFC)
* a copy of a Retirement Credit Record reflecting a rank of SFC
* a copy of the FSM's death certificate
CONSIDERATION OF EVIDENCE:
1. The FSM was serving in the Texas Army National Guard when he was promoted to pay grade E-7 on 29 March 1983. On 29 March 1985, while serving in the Ohio Army National Guard, he reenlisted for a period of 6 years in pay grade E-7. His chronological statement of retirement points shows that, during retirement year ending 30 October 1984, he earned 29 active duty points.
2. On 9 December 1989, the FSM extended his enlistment for a period of 6 months to accept an Active Guard Reserve (AGR) position in the Indiana Army National Guard. He subsequently transferred to the Colorado Army National Guard in an AGR E-6 position and continued to serve on active duty in AGR positions.
3. On 31 December 1996, he was honorably retired and was transferred to the Retired List in pay grade E-6 on 1 January 1997 under the Voluntary Early Retirement Program. He completed 15 years, 7 months, and 6 days of total active service. The FSM passed away on 6 January 2008.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is in effect at the time the DD Form 214 is issued. The grade/rate or rank the individual is serving in while on active duty at the time the DD Form 214 will be reflected on that form.
5. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 12 sets policies and procedures for voluntary retirement of Soldiers because of length of service. Paragraph 12-3b states that retirement will be in the Regular or Reserve grade the Soldier holds on the date of retirement as directed in Title 10, U.S. Code, section 3961.
6. Paragraph 12-6 (Advancement on the Retired List) of Army Regulation
635-200 contains guidance on the advancement of enlisted Soldiers on the Retired List. It indicates that advancement on the Retired List is limited to retired Soldiers who held a higher grade and successfully served in that higher grade while on active duty.
7. Title 10, U.S. Code, provides that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, as determined by the Secretary of the Army, upon completion 30 years of service. This service may consist of combined active service and service in the USAR Control Group (Retired).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM served in the Army National Guard in pay grade E-7; however, he would not have been eligible for advancement on the Retired List to pay grade E-7 until he had a total of 30 years of combined active service and service on the Retired List.
2. At the time of the FSM's retirement he had 15 years, 7 months, and 6 days of active service. Therefore, he would have been eligible for advancement on 1 June 2011 had he not passed away.
3. In arriving at its decision, the Board wants the applicant to know that the decision of the Board in this case in no way diminishes the importance of her husband's service to our Army and our Nation and should be a source of pride to the applicant.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100013806
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