IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100014209
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, correction of her records to show she was placed on the retired list in the rank of staff sergeant (E-6) instead of specialist (E-4).
2. The applicant states:
* she has the papers that show her promotion and the reason she was demoted
* when she submitted her retirement paperwork it showed her highest grade held was E-6
* she is currently receiving retired pay as an E-4
3. The applicant provides:
* a self-authored letter, dated 28 April 2010
* Headquarters, 311th Evacuation Hospital (MUST) Orders 18-1, dated 27 July 1981
* Headquarters, 96th U.S. Army Reserve (USAR) Order 89-29
* USAR Personnel Center Orders D-06-650316
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the USAR on 8 November 1975, for 6 years, in pay grade E-5.
2. She was promoted to pay grade E-6 on 27 July 1981. She reenlisted in the USAR on 29 August 1981.
3. On 13 December 1982, the applicant was released from her unit of assignment due to pregnancy and she was assigned to the USAR Control Group (Reinforcement).
4. On 2 September 1989, she was released from the USAR Control Group (Reinforcement) and she was assigned to the 945th Engineer Detachment. Her DA Form 2-1 (Personnel Qualification Record) shows her military occupational specialty as carpentry/masonry specialist. Her DA Form 2-1 also shows that prior to her assignment in this detachment, she served as an administrative specialist, ward specialist, patient care assistant, and practical nurse.
5. Headquarters, 96th USAR Order 89-29 was published on 16 November 1989 reducing the applicant from E-6 to E-4. The order cites Army Regulation 140-158 as the authority for the reduction. However, the order does not specify which paragraph in Army Regulation 140-158.
6. The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report) which shows she attended a Carpentry Masonry Specialist course from 18 November 1989 through 22 April 1990.
7. Headquarters, 96th USAR Order 151-014 was published on 13 November 1992 releasing her from the 945th Engineer Detachment and assigning her to the USAR Control Group (Reinforcement) due to cogent personal reasons, effective 15 October 1992.
8. The applicant was discharged from the USAR on 4 June 1996.
9. On 10 April 2002, the USAR Personnel Command issued her a 15-year letter. She was told that as a member of the Selected Reserve with at least 15 years of qualifying service she was eligible to apply for retired pay upon attaining age 60.
10. The U.S. Army Human Resources Command, St. Louis, published Orders P05-786228, dated 19 May 2007, retiring the applicant and placing her on the Retired List in the retired rank/grade of specialist/E-4, effective 20 June 2007, her 60th birthday.
11. There is no evidence in the applicant's official record showing she was reduced from pay grade E-6 to pay grade E-4 due to misconduct or any reason that would have hindered her from being placed on the retired list in the highest rank that she held.
12. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 2-11c states, in part, that the Retired Activities Directorate, U. S. Army Reserve Personnel Center (currently designated the U. S. Army Human Resources Command will screen each retirement applicants record to determine the highest grade held by him or her during his or her military service. In arriving at the highest grade satisfactorily held, if the Soldier was transferred to the Retired Reserve on or after 25 February 1975, the retired grade will be that grade which an enlisted Soldier held while on active duty or in an active Reserve status for at least 185 days or 6 calendar months.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. The documents she submitted have been considered.
2. The available evidence shows she was promoted to pay grade E-6 on 27 July 1981 and she served satisfactorily in this grade until she was reduced to the pay grade of E-4 on 16 November 1989. Although the order does not show the specific reason for her reduction, it is reasonable to presume that she was voluntarily reduced in pay grade to accept the position to which she was assigned in the Ready Reserve upon her release from the USAR Control Group.
3. There is no evidence in the available record that shows she was reduced from pay grade E-6 to pay grade E-4 due to misconduct or for any reason that would hinder her from being placed on the retired list in the highest rank that she held while she was in an active Reserve status.
4. By law, a person granted retired pay will receive such pay in the highest grade satisfactorily held during the entire period of service. Therefore, the applicant's records should be corrected to show she retired as a staff sergeant/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 all Department of the Army records of the individual concerned be corrected by:
a. amending Orders P05-786228 issued by the U.S. Army Human Resources Command, dated 19 May 2007, to show her retired rank and pay grade as staff sergeant/E-6 effective 20 June 2007; and
b. auditing her pay records and paying her all retired pay 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.
ABCMR Record of Proceedings (cont) AR20100014209
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