IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015050
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, he be placed on the Retired List as a sergeant first class (SFC)/E-7. He also requests his retirement orders, Certificate of Retirement, and military records be corrected to show his highest rank held was SFC.
2. The applicant states:
* he was promoted to SFC effective 21 June 1980
* his highest grade held was SFC
3. The applicant provides:
* military pay voucher
* active duty orders
* DD Form 2656 (Data for Payment of Retired Personnel)
* discharge orders, dated 25 January 1995
* reassignment orders, dated 29 January 2002
* Application for Retired Pay Benefits
* Army National Guard Retirement Points History Statement
* retirement orders, dated 8 November 2007
* Certificate of Retirement
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 1 December 1947. Having prior service in the Regular Army, U.S. Army Reserve (USAR), and Army National Guard, the applicant enlisted in the USAR on 14 October 1975.
2. The applicant's DA Form 2166-6 (Enlisted Evaluation Report) covering the period November 1980 through October 1981 shows his rank as SFC and his date of rank is 21 June 1980. The rater and senior rater recommended he be promoted ahead of his peers.
3. The applicant enlisted in the Army National Guard on 26 April 1982.
4. The applicant was honorably discharged from the Army National Guard on 31 January 1995 in the rank of sergeant and transferred to the USAR Control Group (Standby). The reason for his reduction to sergeant is not available.
5. On 29 January 2002, the applicant was released from the USAR Control Group (Reinforcement) and assigned to the Retired Reserve in the rank of sergeant.
6. Item 4 (Rank/Pay Grade/Branch of Service) of the applicant's DD Form 2656, dated 5 February 2007, shows the entry "SFC/E7." Item 4 (Highest Military Pay Grade Held) of his DA Form 108 (Application for Retired Pay Benefits), dated 5 February 2007, shows the entry "SFC/E7."
7. The applicant's retirement orders, dated 8 November 2007, show he was placed on the Retired List in the rank of sergeant/E-5 effective 1 December 2007.
8. The applicant's Certificate of Retirement shows his rank as sergeant.
9. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states 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 Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was promoted to SFC/E-7 on 21 June 1980 and he was subsequently reduced to sergeant. Since the reason for his reduction to sergeant is unknown, it cannot be determined if his service in the highest grade held was deemed satisfactory. Therefore, there is insufficient evidence on which grant the requested relief.
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) AR20100015050
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